The defendant appealed against his conviction for speeding on an appeal to the crown court. He said that he had not received the notice of intended prosecution as required within fourteen days.
Held: The Act shifted the burden of proof of late delivery onto the defendant. The letter by had been sent ordinary first-class post in a time of postal strikes. The passage in Archbold on which the judge had relied was misleading. The irrebuttable presumption applied only to letters sent by registered or recorded post, and not to letters sent first class. In times of postal disruption, the police authorities must adapt their practice, or Parliament must change the statute.
Judges:
Lord Justice Elias and Mr Justice Openshaw
Citations:
Times 10-Nov-2009
Statutes:
Road Traffic Offenders Act 1988 1(1)
Jurisdiction:
England and Wales
Road Traffic
Updated: 30 June 2022; Ref: scu.377808