The Time limit for commencing a prosecution doesn’t begin to run until a person authorised to prosecute is told of the circumstances. A traffic examiner, not authorised to take a decision to prosecute could not be the ‘prosecutor’ under section 6 of the Road Traffic Offenders Act 1988. Citations: Gazette 15-Jan-1997, Times 11-Dec-1996, [1996] EWHC … Continue reading Wayne Swan v Vehicle Inspectorate: Admn 11 Nov 1996
The defendant appealed against a conviction that he had driven a vehicle through a red light contrary to the provisions of section 36(1) of the Road Traffic Act 1988 and related regulations. He said that the Gatsometer device was not an approved device as required, saying that the 1991 Act required any such approval to … Continue reading Robbie the Pict, Regina (On the Application of) v Crown Prosecution Service: Admn 24 Apr 2009
When the appellant appeared at the Magistrates’ Court to answer a charge of driving whilst uninsured, a preliminary point was taken on her behalf that the prosecution had not been commenced within 6 months of the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings had become available. In response … Continue reading Regina v Haringey Magistrates’ Court ex parte Amvrosiou: Admn 13 Jun 1996
The defendant, a road traffic camera campaigner appealed against his conviction for contravening a red light traffic signal, saying that the camera was not approved. Held: The appeal failed. A ‘prescribed device’ was a ‘device of a description specified in an order made by the secretary of state’. The camera had been so specified in … Continue reading Robbie the Pict v Director of Public Prosecutions: Admn 26 Apr 2009
