Mawdesley and Yorke v Chief Constable of Cheshire Constabulary and Another: Admn 31 Jul 2003

The two appellant drivers had been sent forms requiring them to identify the drivers of vehicles identified by speed cameras. They had replied providing the requested information, but the forms were unsigned. They resisted use of the forms as evidence against them.
Held: The forms could not be used as evidence against the defendants on the charges of speeding. A form otherwise complete but unsigned did not satisfy the requirements of the section.

Judges:

Owen J

Citations:

[2003] EWHC 1586 (Admin), Times 11-Sep-2003

Links:

Bailii

Statutes:

Motorways Traffic (Speed Limit) Regulations 1974 (1974 No 502) 3, Road Traffic Regulation Act 1984 17(4), Road Traffic Offenders Act 1988 12(1)(b) Sch 2

Citing:

CitedStott (Procurator Fiscal, Dunfermline) and Another v Brown PC 5-Dec-2000
The system under which the registered keeper of a vehicle was obliged to identify herself as the driver, and such admission was to be used subsequently as evidence against her on a charge of driving with excess alcohol, was not a breach of her right . .

Cited by:

CitedHayes v Director of Public Prosecutions Admn 2004
Absence of caution from form requesting information form driver. . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 08 June 2022; Ref: scu.185640