Hatton, Regina (on the Application of) v Devon and Cornwall Constabulary: Admn 4 Feb 2008

The defendant sought judicial review, on a renewed application, to challenge the decision to issue a speeding fine, and in the alternative that he had failed to identify the driver as required. The defendant had supplied the information but under a condition not allowing that information to be used for prosecution, citing Funke.
Held: The defendant had provided the information required, but his condition was not worth the paper it was written on. The Chief Constable had been wrong to proceed with a prosecution under section 172, but should simply have proceeded with the allegation of speeding. Permission was refused.

Collins J
[2008] EWHC 209 (Admin)
Road Traffic Offences Act 1988 12
England and Wales

Road Traffic

Updated: 01 November 2021; Ref: scu.264593