Regina v Spence: CACD 24 May 1999

A private company car park, where there was no proof of use by the public, was not a public road, and a driver could not be convicted of dangerous driving whilst in it. There must be evidence that the public actually utilised premises before a court can conclude that they are a ‘public place’. It is not sufficient to say that the public could have access if they were so inclined.


Times 24-May-1999, [1999] EWCA Crim 808, [1999] RTR 353




Road Traffic Act 1988 2


England and Wales

Cited by:

CitedMay v Director of Public Prosecutions Admn 15-Apr-2005
Whether the car park where the driving took place was a ‘public place’ within the meaning of section 3.
Held: The appeal failed.
Laws LJ set out the following propositions as accurately summarising the relevant legal principles:
a. . .
CitedRichardson v Director of Public Prosecutions Admn 28-Feb-2019
Private Car park was not a public plae.
The defendant appealed from his conviction for being drunk in charge of a vehicle in a public place. The place was marked private but allowed for paring for designated businesses.
Held: The appeal succeeded. The phrase public phrase had to be . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 14 June 2022; Ref: scu.85567