[2000] EWCA Civ 324
England and Wales
Appeal from – Samuel Smith Old Brewery (Tadcaster) v North Yorkshire County Council Admn 19-Apr-2000
. .
Appealed to – Samuel Smith Old Brewery (Tadcaster) v North Yorkshire County Council Admn 19-Apr-2000
. .
Lists of cited by and citing cases may be incomplete.
Updated: 31 May 2022; Ref: scu.147357
[1999] EWCA Civ 224
England and Wales
Updated: 31 May 2022; Ref: scu.147033
Appeal against award of damages for hire of vehicle by claimant after road traffic collision.
Henry, Chadwick, May LJJ
[2000] EWCA Civ 8, [2001] 1 WLR 1509
England and Wales
Updated: 31 May 2022; Ref: scu.147041
[1999] EWCA Civ 2084
England and Wales
Updated: 31 May 2022; Ref: scu.146999
[1999] EWCA Civ 1904
England and Wales
Updated: 31 May 2022; Ref: scu.146819
[1999] EWCA Civ 1799
England and Wales
Updated: 30 May 2022; Ref: scu.146714
[1999] EWCA Civ 1794
England and Wales
Updated: 30 May 2022; Ref: scu.146709
The consent to the erection of a bus shelter is a continuing licence which might properly be withdrawn not a once and for all irrevocable grant.
Times 20-Jan-1999
London Transport Passsenger Act 1934
England and Wales
Updated: 30 May 2022; Ref: scu.88503
The defendant appealed his sentence for driving with excess alcohol. He said that immediately before the breath test, he had belched, and that this would result in an increase in a higher reading.
Held: Such a circumstance might well amount to a special reason for not disqualifying the defendant. The evidence he wanted to bring would go directly to the commission of the offence. The disqualification was set aside, and the case remitted for reconsideration.
Justice Owen
Times 07-Feb-2007
Road Traffic Offenders Act 198 34(1)
England and Wales
Updated: 30 May 2022; Ref: scu.248916
Where a motorist told an officer at the roadside that he suffered from bronchitis, and could not provide a specimen of breath, and he wanted to rely upon the same reason at the police station, he could not claim that the officer in the station should know of his objection, but should make it clear again. It was not open to him to say nothing at all, to make no attempt to provide a specimen, and then later to seek to assert a reasonable excuse for not providing a specimen of breath. There was no need to look at the two sections concurrently. The later subsection had been irrelevant in this matter.
Gazette 08-Mar-2001, Times 16-Feb-2001
Road Traffic Act 1988 7(1)(a), 7(3)(a), 7(6)
England and Wales
Updated: 30 May 2022; Ref: scu.80029
Res ipsa loquitur might be used to establish fault where the driver drove into a pedestrian on a carriageway and had no explanation for the accident.
Gazette 10-Dec-1997, Times 04-Dec-1997, [1997] EWCA Civ 2763
England and Wales
Updated: 29 May 2022; Ref: scu.143162
The claimant had followed vehicles on his motor cycle for a time until he thought it safe to overtake. As he overtook the line of vehicles, the defendant tractor driver pulled out into him causing an accident. The defendant appealed against an order finding him 50% liable.
Held: The judge had glossed over the fact that the defendant behaving correctly could not have avoided the accident, and ‘it appears that the motorcycle moved swiftly out from behind the Transit van in a double overtaking manoeuvre which the defendant had no reason to anticipate, and that that was the overwhelming cause of the accident. I would allow the appeal and hold that the defendant was not negligent.’
Potter LJ, Sir Anthony Evans
[2002] EWCA Civ 359
England and Wales
Updated: 29 May 2022; Ref: scu.216796
The prosecution should not seek to rely on evidence of back-calculation unless it is both easily understood and clearly establishes the presence of excess alcohol at the time when the defendant was driving.
[1989] AC 281
England and Wales
Appeal from – Gumbley v Cunningham 1987
Justices had to be careful not to convict of driving with excess alcohol unless they were sure on the basis of scientific and other evidence that the defendant had been over the limit at the time of the alleged offence. . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 May 2022; Ref: scu.464827
Appeal against installation of toucan crossing.
[2001] EWHC Admin 310
Updated: 29 May 2022; Ref: scu.140319
The irrebuttable presumption contained in the Act that the level of alcohol contained in the accused’s blood at the time when he was stopped was no less than the level measured later that the police station, was not incompatible with the defendant’s right to a fair trial. It lay ill in the mouth of a defendant to argue innocence on the basis that he had consumed alcohol only shortly before driving, but to such a level that it did not show up when stopped, but only later when tested at the police station. Given the importance of the need to prevent drunken driving, the assumption and its irrebutable nature was reasonable, and not an infringement of the defendant’s right to a fair trial.
Lord Justice Waller, And Mr Justice Sachs
Times 26-Jan-2001, [2000] EWHC Admin 429, [2000] EWHC QB 44
Road Traffic Offenders Act 1988 15(2), Road Traffic Act 1988 5, Road Traffic Offenders Act 1988 15
England and Wales
Cited – Regina v Director of Public Prosecutions, ex parte Kebilene and others HL 28-Oct-1999
(Orse Kebeline) The DPP’s appeal succeeded. A decision by the DPP to authorise a prosecution could not be judicially reviewed unless dishonesty, bad faith, or some other exceptional circumstance could be shown. A suggestion that the offence for . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 May 2022; Ref: scu.140246
The prosecution appealed a finding of no case to answer against a defendant accused of driving with excess alcohol. On being offered a choice of blood or urine test, he had asked ‘What is the quickest way out of here’ which the officer recorded as declining to accept the offer. The magistrates had relied upon Jackson and Stanley. He had not been asked if there was any medical reason why he should not give a specimen.
Held: The defendant had suffered no prejudice (as required in Stanley) within the procedure by any failure of the officer.
[2000] EWHC Admin 402
Cited – Director of Public Prosecutions v Jackson, Stanley v Director of Public Prosecutions HL 29-Jul-1998
When requesting a drink driver suspect to give a specimen of blood, an officer’s failure to say that the specimen will be taken by a doctor was not fatal to the prosecution. The issue of whether the blood sample was to be taken had properly been . .
Cited – Director of Public Prosecutions v Warren HL 9-Dec-1992
It was a Police Constable’s responsibility to decide whether a blood or urine specimen was to be taken. He needn’t offer the urine option: ‘it is clear that under section 8(2) the driver, in order that he may decide whether or not to claim that the . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 May 2022; Ref: scu.140218
A taxi operating from private land by a station forecourt, but which could be seen to attract passengers from a nearby busy roadway, was plying for hire in a public street, and accordingly required a private licence under the Act.
Times 16-Nov-2000, Gazette 07-Dec-2000, HC Admin 410
Updated: 29 May 2022; Ref: scu.140226
[2000] EWHC Admin 336
England and Wales
Appealed to – Samuel Smith Old Brewery (Tadcaster) v North Yorkshire County Council CA 14-Dec-2000
. .
Appeal from – Samuel Smith Old Brewery (Tadcaster) v North Yorkshire County Council CA 14-Dec-2000
. .
Lists of cited by and citing cases may be incomplete.
Updated: 29 May 2022; Ref: scu.140151
For a track to be deemed to be a byway open to all traffic, there was no need to prove vehicular use, nor both pedestrian and equestrian use. It was necessary however to show that the use by foot and horse combined exceeded on balance use by vehicles. The definition in the Act is clear; it must be ‘a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose of for which footpaths and bridleways are so used.’ The Judge quashed the decision of the inspector.
Kay J
Times 10-Feb-2000, [2000] EWHC Admin 279, [2000] 1 WLR 1949
Wildlife and Countryside Act 1961 66(1)
Cited – Jones v Welsh Assembly Government Admn 15-Dec-2008
The County Council had made an order under section 53, establishing a footpath over the claimant’s land. The land owner now appealed. The court had previously quashed the inspector’s decision on the basis that he had not allowed for the interruption . .
Lists of cited by and citing cases may be incomplete.
Updated: 29 May 2022; Ref: scu.140092
[1999] EWHC Admin 664
Cited – Taylor v Rajan 2-Jan-1974
The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him.
Held: The court considered . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 May 2022; Ref: scu.139928
[1999] EWHC Admin 529
Cited – Taylor v Rajan 2-Jan-1974
The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him.
Held: The court considered . .
Lists of cited by and citing cases may be incomplete.
Updated: 28 May 2022; Ref: scu.139793
[1999] EWHC Admin 455
Local Government (Miscellaneous Provisions) Act 1953
Updated: 28 May 2022; Ref: scu.139719
A local authority required to implement a red route designated by the Secretary of State had no discretion on the issue. The only retained discretion was as to timing, and then within the requirement to act ‘as soon as is reasonable practical’
Gazette 14-Apr-1999, Times 30-Apr-1999, [1999] EWHC Admin 290
Road Traffic Regulation Act 1984 Sch 9, Road Traffic Act 1991 57(1)
Updated: 28 May 2022; Ref: scu.139554
[1998] EWHC Admin 1025
Cited – Taylor v Rajan 2-Jan-1974
The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him.
Held: The court considered . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.139146
Application for judicial review of conviction for driving with excess alcohol. Allegation of police failure to inform him of procedure.
Lord Bingham LCJ, Collins J
[1998] EWHC Admin 1040
Updated: 27 May 2022; Ref: scu.139161
A parking ticket had wrongly identified the town in which the ticket was issued, and the ticket described the offence as ‘No Waiting’ where the defendant said he should have been accused of waiting. The magistrates allowed it to be amended. The defendant appealed his conviction after appeal to the Crown Court, which had found no prejudice.
Held: the defects were not fundamental and the defendant had understood what was alleged, and the appeal failed.
[1998] EWHC Admin 933
England and Wales
See Also – HM Attorney General v Drozdowski Admn 6-Apr-1998
. .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.139054
[1998] EWHC Admin 778
Transport Act 1968 97(1)(a)(i)
Updated: 27 May 2022; Ref: scu.138899
The authority appealed against the magistrates’ decision to renew a private hire operator’s licence against its own wishes. The licensee no longer opertaed any cars under the licence itself but instead all business was conducted under care operated within the licence from a neighbouring authority.
[1998] EWHC Admin 755
Local Government (Miscellaneous Provisions) Act 1976 55 46(1)
England and Wales
Updated: 27 May 2022; Ref: scu.138876
[1998] EWHC Admin 596
Town and Police Clauses Act 1847 38, Local Government (Miscellaneous Provisions) Act 1976 47
Appealed to – Regina v Cambridge City Council, Ex Parte Lane CA 3-Sep-1998
A trishaw was properly a form of hackney carriage, not a ‘stage coach,’ and the Local Authority was able to impose conditions upon the licensing of a service, including limiting the number of passengers and so as to ensure safety. A trishaw was a . .
Appeal from – Regina v Cambridge City Council, Ex Parte Lane CA 3-Sep-1998
A trishaw was properly a form of hackney carriage, not a ‘stage coach,’ and the Local Authority was able to impose conditions upon the licensing of a service, including limiting the number of passengers and so as to ensure safety. A trishaw was a . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.138717
The defendant appealed his coviction for driving with excess alcohol. The Intoximeter readings had shown a test calibration range outside the figures set down. An officer gave evidence that the machine was working correctly.
Held: The issue of the reliability of the Intoximeter had not been raised at the trial, and could not now be raised. The certificate was effective.
[1998] EWHC Admin 608
Cited – Anderton v Waring QBD 1986
There are limitations upon the use that the court may make of knowledge acquired in other cases. . .
Cited – Jarvis v The Director of Public Prosecutions QBD 1996
There are limits to the extent to which magistrates may use in one case knowledge acquired from another. . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.138729
Prosecutor’s appeal against dismissal of charge of driving with excess alcohol – unexplained discrepancy in time recorded by meter.
[1998] EWHC Admin 561
Updated: 27 May 2022; Ref: scu.138682
Prosecutor’s appeal against dismissal of charge of driving with excess alcohol.
[1998] EWHC Admin 517
Cited – Regina v Absolam CACD 1990
A was arrested. He was already on bail for possession of cannabis, and in the hope finding further evidence he was asked to empty his pockets, ‘and put the drugs on the table’ he did so and admitted selling drugs.
Held: The procedure should . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.138638
[1998] EWHC Admin 485
Appealed to – Bussey v Director of Public Prosecutions CA 17-Mar-1999
Where there remained a difference between the defence and the prosecution as to the facts on which a sentence was to be based a crown court hearing an appeal against sentence was able to sentence on a basis of different facts then found by the . .
Appeal from – Bussey v Director of Public Prosecutions CA 17-Mar-1999
Where there remained a difference between the defence and the prosecution as to the facts on which a sentence was to be based a crown court hearing an appeal against sentence was able to sentence on a basis of different facts then found by the . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.138606
Appeal against conviction for use of speed gun detecting equipment.
[1998] EWHC Admin 473
Wireless Telegraphy Act 1949 5(b)(1)
Updated: 27 May 2022; Ref: scu.138594
Where a passenger is injured during a bus ride, the accident occurs when he is injured, and driver has a duty to stop immediately in order to report the accident even if no other vehicle was involved.
Times 07-May-1998, [1998] EWHC Admin 437
Updated: 27 May 2022; Ref: scu.138558
A van was stopped carrying a delivery of coal. The insurance was for social domestic and pleasure purposes only. The owner appealed a conviction for using it without insurance.
Held: ‘using’ when the description of the offence in connection includes alternatives of causing and permitting is to have a restricted meaning. There was not evidence that the defendant had been using the vehicle for the defendant’s purposes. ‘I do not see that it is possible to infer from the mere fact that someone is driving an owner’s van for business purposes that the driver is employed as the servant or agent of the owner. The driver may be self-employed; he may simply be a friend or a colleague who was driving the van with the owner’s permission. In the absence of any evidence as to the nature of the owner’s business, it is quite impossible to infer that the business purposes are those of the owner rather than those of the driver or of some other person for whom the driver is acting. ‘
Lord Justice Rose And Mr Justice Sullivan
Times 23-Apr-1998, [1998] EWHC Admin 363
Road Traffic Act 1988 143(1)(a)
Distinguished – West Yorkshire Trading Standards Service v Lex Vehicle Leasing Ltd QBD 9-Feb-1995
It was alleged that the maximum permitted front axle weight of the vehicle in question was exceeded. The court was asked what were the circimstances defing a ‘user’ of a motor vehicle in prosecutions for use of the vehicle.
Held: ‘The . .
Cited – Carmichael and Sons Ltd v Cottle 1971
. .
Cited – Crawford v Haughton QBD 1972
The defendant appealed a conviction for using a vehicle, which had been adapted for stock car racing, without insurance. He did not give evidence, but he was present and he admitted that he was the owner of the vehicle.
Held: The court allowed . .
Cited – Windle v Dunning and Son Ltd 1968
The court considered the meaning of the word ‘use’ in road traffic legislation: ‘… In my judgment, as was said by the Lord Justice-General (Lord Clyde) in giving judgment in MacLeod v Penman, Hamilton v Blair and Meechan, Hawthorn v Knight , ‘The . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.138484
[1998] EWHC Admin 321
Updated: 27 May 2022; Ref: scu.138442
[1998] EWHC Admin 246
Updated: 27 May 2022; Ref: scu.138367
The transport of road maintenance vehicles from one site to another was not itself part of highway maintenance and a tachograph was required.
Times 23-Mar-1998, [1998] EWHC Admin 205
Council Regulation (EEC) 3820/85 art 3
Appealed to – Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another HL 8-Jul-1999
The transport of motorway maintenance vehicles and plant to and from sites on the back of a low loader is not sufficiently closely connected with the use of such machines on the motorways, to attract exemption as for such use from the general . .
Cited – Bulmer (HP) Ltd v Bollinger SA CA 1974
The plaintiff complained that the respondent had described its drink ‘Babycham’ as a champagne perry, which it said was a misuse of the appellation ‘champagne’.
Held: The court considered the effect of European legislation on the law of . .
Appeal from – Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another HL 8-Jul-1999
The transport of motorway maintenance vehicles and plant to and from sites on the back of a low loader is not sufficiently closely connected with the use of such machines on the motorways, to attract exemption as for such use from the general . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.138326
[1998] EWHC Admin 211
Updated: 27 May 2022; Ref: scu.138332
A device which tested for police radar speed check did not intercept a message between persons and therefore was not unlawful. ‘a signal in this context is not a mere electronic impulse but is rather a sign or something of meaning to another person. Mr McGuinness clearly cannot and does not submit that the emission of this beam towards a passing vehicle involves ‘the sending or conveying of any warning or information’ within the subsection.’ Section 19(6) has no application to the acquisition of information merely by beaming energy to, and receiving information back from, inanimate, albeit moving objects. The new regulations had exempted such devices.
Lord Justice Simon Brown -And- Mr Justice Mance
Times 18-Feb-1998, [1998] EWHC Admin 105
Wireless Telegraphy Act 1949 19(6), The Wireless Telegraphy Apparatus (Receivers) (Exemption) Regulations 1989
Cited – Invicta Plastics Limited v Clare QBD 1976
Those advertising and selling devices which were designed to detect the presence of police radar speed devices commit the offence of incitement under section 1(1) of the 1949 Act which required a licence for the use of such apparatus. . .
Cited – Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council CA 16-Apr-1997
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track.
Cited – Paul v Ministry of Posts and Telecommunications 1973
The defendant had a receiver tuned to receive emergency fire brigade messages. He committed an offence under the section. . .
Cited – Director of Public Prosecutions v Waite QBD 17-May-1996
The defendant had a scanner tuned to listen in to the police channel. He committed an offence under the section. . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.138226
The court was asked whether a person who has been disqualified under section 36 of the Road Traffic Offenders Act 1988 and has not passed the appropriate test, and who then obtains a provisional licence but drives a motor vehicle on a road otherwise than in accordance with the conditions of that licence is guilty of an offence under section 103(1)(b) of the Road Traffic Act 1988; or whether such a person should be charged under the provisions relating to driving otherwise than in accordance with the provisions of the driving licence, that is section 87 of the Road Traffic Act 1988.
[1998] EWHC Admin 54
Road Traffic Act 1988 36 103(1)(b) 87
Updated: 27 May 2022; Ref: scu.138175
Schiemann LJ, Poole J
[1998] EWHC Admin 89
Updated: 27 May 2022; Ref: scu.138210
[1998] EWHC Admin 27
Cited – Taylor v Rajan 2-Jan-1974
The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him.
Held: The court considered . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.138148
The defendant appealed by case stated against a decision of the Crown Court on appeal rejecting his assertion that he had not been proved to have been driving a car on the occasion when the offences occurred. The court had allowed a dock identification by a police officer, who said that he had spoken to the driver for about 5 minutes.
Held: There had been no prior indication that identity was an issue, and the failure to carry out an ID parade before the trial was proper. There was no basis upon which any could have been ordered, and ‘The evidence before the Crown Court was more than sufficient to justify the dismissal of the appellant’s appeal before it, without having regard to the dock identification.’
The court noted that it would be wrong to commence an identification procedure after the commencement of the trial.
Stanley Burnton J
[2002] EWHC 2175 (Admin), (2002) 166 JP 753
England and Wales
Cited – Regina v Manchester Coroner, ex parte Tal 1985
The court asked whether the Divisional Court was bound by previous decisions of that court, and answered: ‘we find it difficult to imagine that a single judge exercising this (supervisory) jurisdiction (of the High Court) would ever depart from a . .
Cited – Barnes v Chief Constable of Durham Admn 24-Apr-1997
The defendant was prosecuted for a driving offence. No identification parade had been held, and he was identified in the dock at court.
Held: Despite the firmly-rooted hostility to dock identifications in the Crown Court, they are permitted in . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 May 2022; Ref: scu.460349
[1997] EWHC Admin 673
Local Government (Miscellaneous Provisions) Act 1986 46
Updated: 26 May 2022; Ref: scu.137618
[1997] EWHC Admin 615
England and Wales
Updated: 26 May 2022; Ref: scu.137560
[1997] EWHC Admin 474
England and Wales
Updated: 26 May 2022; Ref: scu.137419
The defendant appealed a refusal of legal aid. She wished to establish that her drink had been spiked, and thus to establish special reasons for not being disqualified for driving with excess alcohol.
Held: Expert evidence would assist the magistrates in deciding the matter. That would not be available without expert evidence, and therefore legal aid was necessary.
Lord Justice Mccowan -And- Mr Justice Popplewell
[1997] EWHC Admin 373
Cited – Director of Public Prosecutions v O’Connor and Chapman and Others 1991
The court looked at the elements needed to be established to support a defence to a charge of driving with excess alcohol on the basis that the defendant’s drinks had been spiked: ‘On the authorities, it is now clearly established that the matters . .
Cited – Director of Public Prosecutions v Vincent QBD 1992
(Year?) ‘From the authorities the following principles can be established. Firstly, it is for the defendant on the balance of probability to establish that his drink had been laced unknown to him. Secondly, it is very rarely that a court will be . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 May 2022; Ref: scu.137318
Appeal from order rejecting challenge to refusal to grant ‘Blue Badge’ parking badge absent a mobility assessment by an expert.
Lord Justice Green
[2020] EWCA Civ 1711
England and Wales
Updated: 25 May 2022; Ref: scu.656880
[1997] EWHC Admin 129
Updated: 25 May 2022; Ref: scu.137074
Choice between blood and urine sample did not need explanation of doctor’s role.
Times 13-Mar-1997, [1997] EWHC Admin 83
Road Traffic Act 1988 5(1) 7(4) 8(2)
Updated: 25 May 2022; Ref: scu.137028
The court considered the procedure for a licensing Local Authority and the justices to admit into its consideration any spent convictions of the licence applicant when considering his fitness to hold a Hackney Carriage Licence.
Times 24-Feb-1997, [1997] EWHC Admin 62
Rehabilitation of Offenders Act 1974, Local Government (Miscellaneous Provisions) Act 1976
Updated: 25 May 2022; Ref: scu.137007
‘Looking at the other subsections of section 46, the first applies to a proprietor of a vehicle who uses or permits it to be used in a controlled district as a private hire vehicle without having a licence for it as such under section 48. The phrase ‘as a private hire vehicle’ appears, I accept, to indicate that a proprietor who used or permitted use in a controlled district without a licence under section 48, for purposes other than hiring falling within the Act, would not be committing an offence. Assuming that to be so, it does not appear to throw real light on the proper interpretation of paragraph (d) of subsection (1), dealing in different terms with the different questions of driving [pausing there, I think that should be (b) rather than (d), in context. That is a misprint in the Road Traffic Reports]. In the context of legislation designed to control the use of private hire vehicles, which (as the present case illustrates) may include vehicles of some bulk, the intention may still have been to restrict driving in controlled districts to licensed drivers in all the circumstances. When one turns to paragraph (c) of subsection (1), the words ‘for the purpose of any hiring’ are plainly directed at the specific purposes of the proprietor’s employment of a driver. Again, the wording is in contrast with paragraph (b) of subsection (1), where it would have been easy to express a similar restriction, if it had been intended. Paragraphs (d) and (e) of subsection (1) deal with persons operating vehicles as private hire vehicles. Under section 80(1) ‘operate’ is defined as meaning ‘in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle’. It does not seem to me either surprising, or significant in relation to the issue before us, that the offences introduced in respect of operators are, by the phrase ‘as a private hire vehicle’ related to the operation of the private hire vehicle as such.’
Mance J
[1997] EWHC Admin 35, [1997] RTR 226
Local Government (Miscellaneous Provisions) Act 1976 55
England and Wales
Cited – Brentwood Borough Council v Gladen Admn 28-Oct-2004
The defendant taxi operator was telephoned, and cabs were booked, and those bookings were fulfilled by providing licensed hackney carriages with licensed hackney carriage drivers. He was accused of knowingly operating the vehicles as private hire . .
Cited – Newcastle City Council, Regina (on the Application of) v Berwick-Upon-Tweed Borough Council and others Admn 5-Nov-2008
The applicant council complained that the respondent council was issuing a disproportionately high number of taxi licences, believing that it should only refuse a licence where the driver appeared to be unfit.
Held: The purpose of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 May 2022; Ref: scu.136980
[1996] EWHC Admin 357
Updated: 25 May 2022; Ref: scu.136905
[1996] EWHC Admin 310
Updated: 25 May 2022; Ref: scu.136858
The court considered how a magistrates court should sentence someone who had not taken advantage of the fixed penalty procedure for a traffic offence.
Schiemann LJ, Butterfield J
[1996] EWHC Admin 258
Updated: 25 May 2022; Ref: scu.136806
[1996] EWHC Admin 236
Road Traffic Offenders Act 34(1)
England and Wales
Updated: 25 May 2022; Ref: scu.136784
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.
Gazette 15-Jan-1997, Times 11-Dec-1996, [1996] EWHC Admin 219
Road Traffic Offenders Act 1988 6(1)
Cited – Donnachie, Regina (on the Application of) v Cardiff Magistrates’ Court Admn 27-Jul-2007
The defendant appealed refusal of the district judge to state a case on the basis of having no jurisdiction.
Held: Where the magistrate is acting not as an Examining Magistrate, but is deciding a preliminary issue as to jurisdiction, his . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 May 2022; Ref: scu.136767
[1996] EWHC Admin 198
Cited – Taylor v Rajan 2-Jan-1974
The defendant had consumed alcohol so that the alcohol level was 102 milligrammes of alcohol in 100 millilitres of blood. An appeal was heard as to whether there existed special reasons for not disqualifying him.
Held: The court considered . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 May 2022; Ref: scu.136746
Lord Justice Gage Mr Justice Openshaw
[2005] EWHC 2270 (Admin)
Goods Vehicle (Licensing of Operators) Act 1995
England and Wales
Updated: 25 May 2022; Ref: scu.237460
There are limits to the extent to which magistrates may use in one case knowledge acquired from another.
[1996] RTR 192
England and Wales
Cited – Melia v Director of Public Prosecution Admn 5-Jun-1998
The defendant appealed his coviction for driving with excess alcohol. The Intoximeter readings had shown a test calibration range outside the figures set down. An officer gave evidence that the machine was working correctly.
Held: The issue of . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 May 2022; Ref: scu.235145
There are limitations upon the use that the court may make of knowledge acquired in other cases.
[1986] RTR 74
England and Wales
Cited – Melia v Director of Public Prosecution Admn 5-Jun-1998
The defendant appealed his coviction for driving with excess alcohol. The Intoximeter readings had shown a test calibration range outside the figures set down. An officer gave evidence that the machine was working correctly.
Held: The issue of . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 May 2022; Ref: scu.235146
The defendant was asked to give a sample of blood. He declined, saying that the sight of blood drove him into a trance in which state he was liable to be violent. The Director appealed the finding that this was a proper excuse as a health concern.
Held: The district judge had failed to distinguish clearly between the taking of blood and the sight of blood. The defendant might simply have closed his eyes or looked away. The case was remitted with a direction to convict.
Scott Baker LJ, Newman J
Times 31-Oct-2005, [2005] EWHC 2977 (Admin)
England and Wales
Cited – Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst Admn 21-Feb-2006
The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify the driver of a motor cycle of which he was a registered keeper which had been caught by a speed camera. Either of two . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 May 2022; Ref: scu.231645
Mrs Dimond had a car accident as a result of Mr Lovell’s negligence and sought to recover from him the cost of the hire of a replacement vehicle while her car was being repaired. Under clause 5 of the hire agreement the hire company had the conduct of any claim necessary to recover damages, and the payment of the hire charge was postponed until after its conclusion. Mr Lovell’s insurance company refused to pay the cost of the replacement vehicle on the basis that the agreement under which Mrs Diamond had hired it was a regulated agreement within the meaning of the CCA and did not contain the particulars that the Act required. Consequently the agreement was unenforceable, and Mrs Dimond could not be required to pay for the hired vehicle and had therefore suffered no loss. Resolution of this issue turned on whether the hire company had provided Mrs Dimond with credit.
Held: An arrangement loaning a car and postponing payment of hire charges until settlement of a damages claim was a consumer hire agreement. If made by unregulated person, it was unlawful, and the cost of hire was irrecoverable.
The Vice-Chancellor: The Rt Hon Sir Richard Scott, Lord Justice Thorpe, And Lord Justice Judge
Times 03-May-1999, Gazette 26-May-1999, [1999] EWCA Civ 1311, [2000] QB 216, [1999] RTR 297, [1999] 3 WLR 561, [1999] 3 All ER 1, [1999] CCLR 46
Consumer Credit Act 1974, Consumer Credit (Exempt Agreements) Order 1989 3(1)
England and Wales
Cited – Regina v Miller CACD 1977
. .
Cited – Hussain v New Taplow Paper Mills Ltd HL 1988
The plaintiff was injured in an accident at work. His employer was partly responsible. For 13 weeks he received full sick pay in accordance with his contract. He then received half his pre-accident earnings under the permanent health insurance . .
Cited – Hodgson v Trapp HL 10-Nov-1988
The question was whether the attendance and mobility allowances which were payable to the plaintiff pursuant to statute should be deducted from damages she had received for personal injury.
Held: They should be. Damages for negligence are . .
Appeal from – Dimond v Lovell HL 12-May-2000
A claimant sought as part of her damages for the cost of hiring a care whilst her own was off the road after an accident caused by the defendant. She agreed with a hire company to hire a car, but payment was delayed until the claim was settled.
Cited – A, Regina (on The Application of) v B; Regina (A) v Director of Establishments of the Security Service SC 9-Dec-2009
B, a former senior member of the security services wished to publish his memoirs. He was under contractual and statutory obligations of confidentiality. He sought judicial review of a decision not to allow him to publish parts of the book, saying it . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 May 2022; Ref: scu.136044
When looking at whether the bus operator had delivered the bus timetable standards as required, the Commission need not consider every occasion of excuse, but could consider that the general margin of 12 minutes on timetables included everyday occurrences. If no expert evidence was put before it to say otherwise, the Commission could also consider that it was appropriate to look for 95% achievement of the targets.
Times 08-Mar-2001, [2001] EWCA Civ 267
England and Wales
Updated: 23 May 2022; Ref: scu.135557
An insurance policy which exempted the company from liability when a car was stolen was phrased to apply ‘while the keys had been left in the car’ The claimant had been subject to a robbery whilst in the car, and been obliged to get out. The car was stolen. The court at first instance had construed the clause as including a requirement that the car be unattended. On appeal it was held that there was no possibility of importing such a condition. The clause was clear and had a clear and sensible purpose. . . . insurance policies are contracts to which the general rules of construction of contracts apply and that the starting point is that words are to be given their ordinary and natural meaning as understood from the background against which the words were used or the meaning which the document would convey to the reasonable man.’
Peter Gibson LJ
Times 08-Mar-2001, [2001] EWCA Civ 243, [2001] Lloyd’s Rep IR 410
England and Wales
Cited – Malekout v Allied Dunbar Assurance Plc CA 3-Feb-2004
The claimant appealed refusal of his claim under a Personal Retirement Policy. The issue was as to his right to a waiver of contributions benefit from inception or at all. He had been a dentist, but suffered an injury which became progressively more . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 May 2022; Ref: scu.135558
Cyclist riding into rear of vehicle parked across cycle lane.
[2001] EWCA Civ 273
England and Wales
Updated: 23 May 2022; Ref: scu.135582
The defendant appealed by case stated against conviction under section 172 of failing to provide appropriate driver details. The notices had been received at his address, but he had been unaware of them. He was at the time working regularly in the far East for week at a time.
Held: The reference to due diligence rather than reasonable practicability was an unfortunate error, but not one which made a significant difference. The questions were answered: ‘(i) The offence created by section 172(3) does not require knowledge on the defendant’s part that he is under an obligation to provide the specified information;
(ii) The notice was properly served on the defendant notwithstanding that it was not actually received by him;
(iii) The defendant does not have a defence under section 172(7)(b) merely by virtue of the fact that he has no knowledge that the Notices were sent. However, in an appropriate case a defendant may be able to show in such circumstances that it was not reasonably practicable for him to have been aware of the Notice, in which case the defence will apply.’
Elias LJ, King J
[2011] EWHC 3471 (Admin)
England and Wales
Cited – Harding v Price KBD 1948
Section 22 of the 1930 Act obliged a driver in certain circumstances to report an accident causing damage to another vehicle, person or animal. The defendant failed to do so because he was unaware that he had been involved in an accident. He claimed . .
Cited – Sweet v Parsley HL 23-Jan-1969
Mens Rea essential element of statutory Offence
The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the . .
Cited – Selby v Chief Constable of Avon and Somerset QBD 1988
The defendant lorry driver was interviewed to discover his involvement in a road traffic accident in whch damage was caused to a stationery vehicle. He said that he had been unaware of any such collision, though he had been driving at that location . .
Cited – Purnell, Regina (on The Application of) v Snaresbrook Crown Court Admn 30-Mar-2011
The claimant sought judicial review of a dismissal of his appeal against conviction for failing to provide information as to the identity of a driver. The appeal court had found that he had not received the notices requiring him to provide the . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 May 2022; Ref: scu.459745
The Agency appealed against dismissal of its allegation that the defendant had wrongfully withdrawn his tachograph record. He had lifted the top of the tachograph which had the effect if disengaging the marker without actually removing the record sheet.
Held: The appeal succeeded. The section was to be construed purposively. Any action which lifted the record sheet from the stylus could be construed as falling within the word ‘withdraw.’
Keene LJ, Poole J
Times 13-Oct-2005, [2005] EWHC 2278 (Admin)
England and Wales
Cited – Bulmer (HP) Ltd v Bollinger SA CA 1974
The plaintiff complained that the respondent had described its drink ‘Babycham’ as a champagne perry, which it said was a misuse of the appellation ‘champagne’.
Held: The court considered the effect of European legislation on the law of . .
Cited – HP Bulmer Ltd and Another v J Bollinger Sa and others CA 22-May-1974
Necessity for Reference to ECJ
Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 May 2022; Ref: scu.231177
[2005] EWHC 2729 (Admin)
Road Vehicle Lighting Regulations 1989
England and Wales
Updated: 22 May 2022; Ref: scu.235880
Challenge to experimental traffic order
Mrs Justice Lang DBE
[2020] EWHC 3357 (Admin)
England and Wales
Updated: 22 May 2022; Ref: scu.656801
[2020] EWHC 3403 (Admin)
Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005
England and Wales
Updated: 22 May 2022; Ref: scu.656796
The prosecution appealed dismissal of an allegation of speeding. The defendant had argued that the prosecution had not served the required evidence. The prosecution sought to rely upon the evidence of the officer.
Held: The provisions of section 20 were permissive and did not preclude the prosecution from adducing the evidence of the record in some other way.
Owen J, Hallett LJ
[2006] EWHC 312 (Admin)
Road Traffic Offenders (Prescribed Devices) Order 1999 20
England and Wales
Cited – Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst Admn 21-Feb-2006
The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify the driver of a motor cycle of which he was a registered keeper which had been caught by a speed camera. Either of two . .
Cited – Griffiths v Director of Public Prosecutions Admn 22-Mar-2007
Photographic output was part of device process
The defendant appealed his conviction for speeding, complaining at the technical accuracy of the Gatso camera used, and the use of photographs developed from pictures taken by the cameras.
Held: The photographs used for analysis were records . .
Cited – Iaciofano v Director of Public Prosecutions Admn 15-Jul-2010
The defendant appealed against his conviction for speeding, saying that the device used to measure his speed was not approved. The only evidence relied on was that the officer said it had been installed in many police vehicles.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 May 2022; Ref: scu.239152
Application for permission to apply for judicial review, heard as a rolled-up hearing with considerable speed in circumstances where the disqualification of the claimant from driving after a conviction in relation to a drink drive offence meant that he wanted an interim suspension of the disqualification. The defendant claimed to have a phobia of needles, and said this was a proper reason for refusing to give a sample of blood.
Held: Refused.
Ouseley J
[2016] EWHC 748 (Admin)
England and Wales
Updated: 22 May 2022; Ref: scu.567931
Appeal against conviction for driving uninsured motor vehicle on public road.
Langstaff, Kennet Parker JJ
[2011] EWHC 3654 (Admin)
England and Wales
Updated: 22 May 2022; Ref: scu.459726
The adjudicator sought, when deciding an appeal against a parking penalty, to take account of the applicant’s mitigating circumstances. He had reduced the penalty to zero.
Held: The reference to a discretion allowed where ‘the penalty charge exceeded the amount applicable in the circumstances of the case’ did not allow for mitigation derived from the appellant’s circumstances.
Mr Justice Elias
Times 06-Jun-2002, Gazette 11-Jul-2002, [2002] EWHC 1007 (Admin), [2003] RTR 1
Road Traffic Act 1991 Sch6 para 2(4)
England and Wales
Cited – Walmsley, Regina (on the Application of) v Lane and Another CA 17-Nov-2005
The defendant had successfully appealed her fine after giving the wrong car number to the congestion charge system.
Held: When the driver appealed to the adjudicator’s discretion, she could submit anything which might be relevant. Where the . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 May 2022; Ref: scu.172223
Appeal against conviction for failure to provide specimen of breath. Delay in providing specimen until legal advice available.
[2008] EWHC 1695 (Admin)
England and Wales
Updated: 22 May 2022; Ref: scu.270895
Jack J
[2006] EWHC 1529 (QB)
England and Wales
Updated: 21 May 2022; Ref: scu.258633
John Previte QC
[2006] EWHC 116 (QB)
England and Wales
Updated: 21 May 2022; Ref: scu.240116
Appeal from order barring from operator’s licence
Lord Justice McCombe
[2020] EWCA Civ 1706
Public Passenger and Vehicles Act 1981 17(3) 14ZA
England and Wales
Updated: 20 May 2022; Ref: scu.656810
Bingham LJ said: ‘If any criminal court at any time has cause to suspect that a prosecutor may be manipulating or using the procedures of the court in order to oppress or unfairly to prejudice a defendant before the court, I have no doubt that it is the duty of the court to inquire into the situation and ensure that its procedure is not being so abused. Usually no doubt such inquiry will be prompted by a complaint on the part of the defendant. But the duty of the court in my view exists even in the absence of a complaint.’
Leggatt J said: ‘Where a prosecutor applies to withdraw one charge and substitute another, which on the face of it is less serious, the magistrates’ court will ordinarily have no reason to object, and indeed no ground for doing so, provided that their powers of sentence remain sufficient. Here it is said that the stipendiary magistrate should have required the prosecutor to proceed on the charge of attempted theft instead of the charge of interfering with a motor vehicle, because the effect of the substitution was, as it is put, to deprive the defendant of his right to trial by jury. It is therefore said to have constituted an abuse of process, notwithstanding that the applicant was thereby rendered vulnerable to a less severe maximum punishment.
The key to the determination of this case appears to me to be that a defendant arraigned in a magistrates’ court has in truth no absolute right to trial by jury. Whether he has such a right depends on the charge which is preferred against him. Until the more serious charge . . was withdrawn the applicant enjoyed such a prospective right, but in relation to the less serious charge he did not. To speak of depriving the applicant of his right to trial by jury is . . only a pejorative way of making the point that upon reduction of the charge he ceased to be confronted by a charge sufficiently serious to warrant a right to trial by jury. In the absence of bad faith on the part of the prosecutor or of unfairness or prejudice to the accused, the prosecutor’s motive in making the substitution was irrelevant. The question is whether the substitution is in this sense a proper one.’
and ‘Whilst it is no doubt preferable that the charge ultimately made against a defendant should be correct in the first place that cannot always occur.’
Bingham LJ, Leggatt J
[1990] RTR 220
England and Wales
Cited – Louca v A German Judicial Authority SC 19-Nov-2009
The defendant resisted extradition saying that the European Arrest Warrant was defective in not revealing the existence of two earlier such warrants. He said that absence of such information would hinder a court which was concerned as to possible . .
Lists of cited by and citing cases may be incomplete.
Updated: 20 May 2022; Ref: scu.380336
The prosecutor appealed a decision of the magistrates not to convict a lorry driver. He had stopped after feeling vibration. At the service station he had taken off and replaced the wheel nuts by hand, and was awaiting service. The vehicle inspector then found him and reported him.
Held: The magistrates could not have decided the matter properly, since the vehicle was clearly in a dangerous condition when the driver noticed the situation.
[2004] EWHC 3118 (Admin)
England and Wales
Cited – Cornish v Ferry Masters Ltd 1975
The court discussed the criminal liability imposed for dangerous heavy goods vehicles: ‘I think that the general principle that these offences are absolute offences has to be applied here and I think that, in deciding whether the condition of the . .
Cited – Director of Public Prosecutions v Potts QBD 4-Dec-1988
Whether or not the condition of a vehicle is such that it is a danger to any person is a question of fact. . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 May 2022; Ref: scu.226941
[2003] EWHC 539 (Admin)
England and Wales
Updated: 19 May 2022; Ref: scu.185572
The Crown Court had concluded that the intoximeter EC/IR was not a validly approved device or if it was that it was unreasonable for the Secretary of State to have approved it since it was a device which detected mouth alcohol, i.e. was liable to give a false reading by failing to distinguish mouth alcohol from the alcohol in the exhaled alreolar (deep lung) breath. The prosecution appealed.
Held: It was not open to a court to look at whether it was Wednesbury unreasonable for the secretary to approve a type of machine. The issue was as to the admissibility of evidence. Any challenge as to reliability was a separate issue. The ability to detect mouth alcohol was not relevant where experts had approved the machine.
Lord Justice Rose and Mr Justice Gibbs
Times 09-Jul-2002, [2002] EWHC Admin 1720, [2003] RTR 18
England and Wales
Cited – Director of Public Prosecutions v Andrew Earle Anthony Brown, Jose Teixeira QBD 16-Nov-2001
Where a defendant to a charge of driving with excess alcohol, sought to test the accuracy of the Intoximeter, the Magistrates should consider whether the evidence was as to the particular Intoximeter used, and was of sufficient quality to displace . .
Cited – Brown v Gallagher HCJ 15-May-2002
The appellant contended that the Intoximeter which had been used to measure the level of alcohol in his breath, had not been manufactured by the approved manufacturer, and did not therefore satisfy the type approval, and that the inconsistency in . .
Cited – Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy Admn 19-Jan-2006
Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the . .
Cited – Rose v Director of Public Prosecutions Admn 11-Mar-2010
The defendant appealed by case stated his conviction of driving with excess alcohol. He said that the device used was not an approved one. He also said that the reading was invaid in including a reading of mouth alcohol. . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 May 2022; Ref: scu.174275
Goods Driver to record time spent on other work after driving ceased.
Times 30-Dec-1994
England and Wales
Updated: 19 May 2022; Ref: scu.85039
Evidence called by prosecutor of breathalyser machine was admissible even though the regulations for the type of machine used had not been notified for this purpose as required to the European Commission. The failure created no obstacle to trade.
Times 20-Jul-1998, Gazette 09-Sep-1998, C-226/97, Ecj/Cfi Bulletin 16/98, 7, [1998] ECR I-3711
Cited – Regina v Budimir and Another CACD 29-Jun-2010
The defendants sought leave to appeal out of time saying that their convictions had been under the 1984 Act which was later found to have been unenforceable for failure to comply with notification requirements under European law. The 1984 Act had . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 May 2022; Ref: scu.82527
The prosecutor appealed acquittal of a police officer who had been driving at 150mph. The judge had allowed for the fact that the officer believed that this was safe because of his training.
Held: The appeal succeeded. The test was objective.
Hallett LJ
[2006] EWHC 242 (Admin)
England and Wales
Cited – Milton v Crown Prosecution Service Admn 16-Mar-2007
The defendant appealed his conviction for dangerous driving, saying that his special skills as a trained police driver should have been allowed for. He had driven on a motorway at average speeds of 148mph.
Held: His appeal was allowed. The . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 May 2022; Ref: scu.239151
[2005] EWHC 2513 (Admin)
England and Wales
Updated: 19 May 2022; Ref: scu.235183
Redirection of calls out of district in which operator’s licence held was breach.
Ind Summary 27-Nov-1995
Local Government (Miscellaneous Provisions) Act 1976 46-1-d
Updated: 19 May 2022; Ref: scu.80224
It was a Police Constable’s responsibility to decide whether a blood or urine specimen was to be taken. He needn’t offer the urine option: ‘it is clear that under section 8(2) the driver, in order that he may decide whether or not to claim that the breath specimen be replaced, should be fully informed of the nature of the option open to him and what will be involved if he exercises it. He should be told that the specimen of breath which he has given containing the lower proportion of alcohol exceeds the statutory limit but does not exceed 50 microgrammes of alcohol in 100 millilitres of breath; that in these circumstances he is entitled to claim to have this specimen replaced by a specimen of blood or urine if he wishes; but that, if he does so, it will be for the constable to decide whether the replacement is to be of blood or urine and that if the constable requires a specimen of blood it will be taken by a doctor unless the doctor considers that there are medical reasons for not taking blood, when urine may be given instead.’ and ‘In a case where the driver’s option is to be explained to him under section 8(2), the driver should be told that if he exercises the right to have a replacement specimen taken under section 7(4), it will be for the constable to decide whether that specimen is to be of blood or urine and, if the constable intends to require a specimen of blood to be taken by a medical practitioner, the driver should be told that his only right to object to giving blood and to give urine instead will be for medical reasons to be determined by the medical practitioner. In neither case is there any need to invite the driver to express his preference for giving blood or urine.’
Lord Bridge
Gazette 09-Dec-1992, [1993] AC 319
Road Traffic Act 1988 7(3)(b) 7(4) 8(2)
England and Wales
Cited – Director of Public Prosecutions v Jackson, Stanley v Director of Public Prosecutions HL 29-Jul-1998
When requesting a drink driver suspect to give a specimen of blood, an officer’s failure to say that the specimen will be taken by a doctor was not fatal to the prosecution. The issue of whether the blood sample was to be taken had properly been . .
Cited – Director of Public Prosecutions v Orchard Admn 17-Oct-2000
The prosecution appealed a finding of no case to answer against a defendant accused of driving with excess alcohol. On being offered a choice of blood or urine test, he had asked ‘What is the quickest way out of here’ which the officer recorded as . .
Cited – Joseph v Director of Public Prosecutions QBD 24-Nov-2003
The defendant had given a specimen of breath over the minimum, but below 5omg, and accordingly he was to be allowed to give a specimen of blood or urine. The choice was the officers using a wide discretion. That discretion was still to be exercised . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 May 2022; Ref: scu.80053
No rule of law requiring court to take lowest blood test not average.
Times 18-Nov-1996
Updated: 19 May 2022; Ref: scu.80054