Driving whilst disqualified – ban expired but no test taken – burden of evidence
Citations:
[2004] EWHC 2502 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL 14-Oct-2004
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . .
Cited – Regina v Edwards, Denton and Jackson Hendley Crowley; Attorney General’s Reference (No. 1 of 2004) CACD 29-Apr-2004
The court considered references by the Attorney-General with regard to offences imposing a burden of proof upon the defendant. ‘An evidential burden will be discharged by a defendant by ensuring that there is some evidence before the court which . .
Cited – Scott v Jelf 1974
The defendant was accused of driving whilst disqualified. He drove in breach of the conditions of a provisional licence having been disqualified until he took the test.
Held: Lord Widgery CJ: ‘That provision has appeared in the road traffic . .
Lists of cited by and citing cases may be incomplete.
Road Traffic
Updated: 06 September 2022; Ref: scu.219261