The court discussed the power of a constable to stop a driver.
Held: Provided the officer was acting in good faith the statutory powers given to him he need have no grounds for stopping a driver. Nothing in the section required the prosecutor to show that a constable in uniform acting in the execution of his duty under that section was acting under some common law power for he derived his duty and his powers from the terms of section 159 itself. Since the facts established that the defendant, when driving a vehicle on a road, was required to stop by a uniformed constable not acting capriciously, the defendant, seemingly, had no answer to the charge.
Citations:
[1980] RTR 454
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Steel v Goacher QBD 1985
Griffiths LJ discussed the lawfulness of a police officer’s stopping of a motorist, and said: ‘It should, however, be stated that the police officer was acting within the execution of his duty by virtue of his power at common law and not by virtue . .
Cited – Beckett, Regina (on The Application of) v Aylesbury Crown Court Admn 22-Jan-2004
The applicant had unsuccessfully appealed against his conviction for driving with excess alcohol. He had been stopped randomly to check his documents and the road worthiness of the older car.
Held: The appeal failed. May LJ said: ‘Whether it . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Police
Updated: 08 May 2022; Ref: scu.425322