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Selby v Chief Constable of Avon and Somerset: QBD 1988

The defendant lorry driver was interviewed to discover his involvement in a road traffic accident in whch damage was caused to a stationery vehicle. He said that he had been unaware of any such collision, though he had been driving at that location at the time. Having given no evidence, he now appealed against his … Continue reading Selby v Chief Constable of Avon and Somerset: QBD 1988

Acts

1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts

Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst: Admn 21 Feb 2006

The defendant sought judicial review of the refusal by the magistrates to state a case. He was convicted for failing to identify the driver of a motor cycle of which he was a registered keeper which had been caught by a speed camera. Either of two riders might have been using it. Held: Having failed … Continue reading Flegg v Justices of the Peace for the New Forest Local Justice Area Sitting at Lyndhurst: Admn 21 Feb 2006

Jones v Director of Public Prosecutions: Admn 30 Jan 2004

The defendant was the registered keeper of a vehicle recorded as having exceeded the speed limit. He was required to identify the driver. He responded saying that it was one of six fleet vehicles and could not say who was driving it at the time. He appealed his conviction. Held: The defendant’s appeal succeeded. The … Continue reading Jones v Director of Public Prosecutions: Admn 30 Jan 2004

Francis v Director of Public Prosecutions: QBD 23 Mar 2004

The defendant appealed against his conviction for having failed to identify the driver of a car caught speeding by a camera. He was the registered keeper. He completed and returned the form, but did not sign it. The statute imposed no explicit obligation to sign it. He also said that since he was already suspected … Continue reading Francis v Director of Public Prosecutions: QBD 23 Mar 2004

Horner v Director of Public Prosecutions: QBD 11 Nov 2005

The defendant appealed by way of case stated from a conviction for failing to identify the driver of a vehicle as required. The defendant argued that he had not been shown to be the registered keeper. Held: It was difficult to establish from the stated case just what evidence had been presented. The case was … Continue reading Horner v Director of Public Prosecutions: QBD 11 Nov 2005

Whiteside v The Director of Public Prosecutions: Admn 21 Dec 2011

The defendant appealed by case stated against conviction under section 172 of failing to provide appropriate driver details. The notices had been received at his address, but he had been unaware of them. He was at the time working regularly in the far East for week at a time. Held: The reference to due diligence … Continue reading Whiteside v The Director of Public Prosecutions: Admn 21 Dec 2011

Director of Public Prosecutions v Wilson: QBD 21 Mar 2001

The use of an admission obtained under compulsion that a driver was the driver, at the time when a car was being driven so as to commit an offence, was not an infringement of the defendant’s human rights, and there was no requirement of a notice that the admission obtained might be used in evidence. … Continue reading Director of Public Prosecutions v Wilson: QBD 21 Mar 2001

Margaret Anderson Brown v Procurator Fiscal, Dunfermline: HCJ 4 Feb 2000

The power in the Road Traffic Act to force a registered keeper to say who was driving a car denies the driver a right to a fair trial by compelling a driver to give evidence against himself. A refusal to answer is itself a crime. The restriction on such powers must apply at the stage … Continue reading Margaret Anderson Brown v Procurator Fiscal, Dunfermline: HCJ 4 Feb 2000

Marshall v Crown Prosecution Service: Admn 17 Jun 2015

A car was seen speeding. Husband and wife each said that they did not know who was driving it in response to notices requiring that information. Mrs M now appealed against her conviction under section 172. Beatson LJ, Kenneth Parker J [2015] EWHC 2333 (Admin), (2016) 180 JP 33 Bailii Road Traffic Act 1988 172(2)(b) … Continue reading Marshall v Crown Prosecution Service: Admn 17 Jun 2015

Stott (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 to a fair trial. The right not to give evidence … Continue reading Stott (Procurator Fiscal, Dunfermline) and Another v Brown: PC 5 Dec 2000

Weightman v Director of Public Prosecutions: Admn 6 Mar 2007

Magistrates to identify reasons for finding guilt The defendant appealed agains his conviction under section 172 of the 1988 Act. He had been abroad when his car attracted the speeding fine, but had been unable to identify which iof the several people who might have driven it, had done so. Held: The decision of the … Continue reading Weightman v Director of Public Prosecutions: Admn 6 Mar 2007

Atkinson v Director of Public Prosecutions: Admn 16 Dec 2011

The appellant’s motor scooter had been identified speeding. She replied to a notice to identify the driver by saying that she did not know. She now said that she had been selling it and that a potential buyer had taken it for a test drive, but that his identity was unknown. Held: The appeal by … Continue reading Atkinson v Director of Public Prosecutions: Admn 16 Dec 2011

Paul and others v Deputy Coroner of the Queen’s Household and Another: Admn 2 Mar 2007

The applicants sought judicial review of preliminary directions given for the intended inquest on the deaths of Diana Princess of Wales and of Dodi Al Fayed. It was submitted that the jurisdiction had been wrongly transferred to the Queen’s Coroner under section 14. Held: under the 1988 Act, the Coroner for the Queen’s household was … Continue reading Paul and others v Deputy Coroner of the Queen’s Household and Another: Admn 2 Mar 2007

Director of Public Prosecutions v Memery: QBD 4 Jul 2002

The Crown Court had concluded that the intoximeter EC/IR was not a validly approved device or if it was that it was unreasonable for the Secretary of State to have approved it since it was a device which detected mouth alcohol, i.e. was liable to give a false reading by failing to distinguish mouth alcohol … Continue reading Director of Public Prosecutions v Memery: QBD 4 Jul 2002

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