Search Results for: Road Traffic Act 1988 7

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Director of Public Prosecutions v Jackson, Stanley v Director of Public Prosecutions: HL 29 Jul 1998

When requesting a drink driver suspect to give a specimen of blood, an officer’s failure to say that the specimen will be taken by a doctor was not fatal to the prosecution. The issue of whether the blood sample was to be taken had properly been described by the officer as a decision for the … Continue reading Director of Public Prosecutions v Jackson, Stanley v Director of Public Prosecutions: HL 29 Jul 1998

Director of Public Prosecutions v Lonsdale: QBD 16 Feb 2001

Where a motorist told an officer at the roadside that he suffered from bronchitis, and could not provide a specimen of breath, and he wanted to rely upon the same reason at the police station, he could not claim that the officer in the station should know of his objection, but should make it clear … Continue reading Director of Public Prosecutions v Lonsdale: QBD 16 Feb 2001

Director of Public Prosecutions v Mukandiwa: QBD 21 Oct 2005

The defendant was asked to give a sample of blood. He declined, saying that the sight of blood drove him into a trance in which state he was liable to be violent. The Director appealed the finding that this was a proper excuse as a health concern. Held: The district judge had failed to distinguish … Continue reading Director of Public Prosecutions v Mukandiwa: QBD 21 Oct 2005

Cuns, Regina (on The Application of) v Hammersmith Magistrates’ Court: Admn 4 Mar 2016

Application for permission to apply for judicial review, heard as a rolled-up hearing with considerable speed in circumstances where the disqualification of the claimant from driving after a conviction in relation to a drink drive offence meant that he wanted an interim suspension of the disqualification. The defendant claimed to have a phobia of needles, … Continue reading Cuns, Regina (on The Application of) v Hammersmith Magistrates’ Court: Admn 4 Mar 2016

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

Director of Public Prosecutions v Warren: HL 9 Dec 1992

It was a Police Constable’s responsibility to decide whether a blood or urine specimen was to be taken. He needn’t offer the urine option: ‘it is clear that under section 8(2) the driver, in order that he may decide whether or not to claim that the breath specimen be replaced, should be fully informed of … Continue reading Director of Public Prosecutions v Warren: HL 9 Dec 1992

Director of Public Prosecutions v Falzarano: QBD 16 Nov 2000

The defendant had failed to provide a specimen of breath at the police station. Her GP gave evidence that she suffered from panic attacks, and that such an attack would lead to a shortness of breath which would make it difficult for her to provide a specimen of breath. The prosecutor’s appeal failed. The magistrates … Continue reading Director of Public Prosecutions v Falzarano: QBD 16 Nov 2000

Director of Public Prosecutions v Furby: QBD 23 Mar 2000

A motorist had deliberately failed to complete the breath test procedure twice. In later court proceedings he was able to bring medical evidence that he would have been unable to do so in any event. He was held to have been properly convicted. There could be no reasonable excuse where inability was later shown. He … Continue reading Director of Public Prosecutions v Furby: QBD 23 Mar 2000

Murray v Director of Public Prosecutions: QBD 4 Feb 1993

The defendant claimed that a breathalyser procedure mistake vitiated the subsequent prosecution. Held: It was essential that the motorist who was asked to provide a sample of breath be first warned that a failure to provide a specimen would make him liable to be prosecuted. Even though the motorist had not in this case been … Continue reading Murray v Director of Public Prosecutions: QBD 4 Feb 1993

Jubb v Director of Public Prosecutions: 2002

The arrested driver was given a warning under section 7(7) before two specimens of breath were obtained. The officer thought the specimens unreliable being of uneven volume. The officer then gave the appellant the chance to repeat the breath analysis procedure, but stressed that the appellant was under no obligation to do so. The appellant … Continue reading Jubb v Director of Public Prosecutions: 2002

Director of Public Prosecutions v Noe: QBD 19 Apr 2000

When required to give a sample of breath, the motorist consented but made his consent conditional upon first having access to a law book. He was charged with refusing to provide a specimen of breath without a lawful excuse. A motorist is not entitled to add a condition to his consent, and he had no … Continue reading Director of Public Prosecutions v Noe: QBD 19 Apr 2000

Joseph v Director of Public Prosecutions: QBD 24 Nov 2003

The defendant had given a specimen of breath over the minimum, but below 5omg, and accordingly he was to be allowed to give a specimen of blood or urine. The choice was the officers using a wide discretion. That discretion was still to be exercised reasonably. As a rastafarian, the defendant had refused to give … Continue reading Joseph v Director of Public Prosecutions: QBD 24 Nov 2003

Miller v Director of Public Prosecutions: Admn 15 Feb 2018

Appeal by way of case stated from a pre-trial ruling of the Black Country Magistrates’ Court in respect of an information preferred against the Appellant for failing to provide a specimen of blood in breach of section 7 of the 1988 Act, and not to exercise its discretion under section 78 of the 1984 Act … Continue reading Miller v Director of Public Prosecutions: Admn 15 Feb 2018

Mallard v Director of Public Prosecutions: 1990

Citations: [1990] 91 Crim App R 108 Statutes: Road Traffic Offenders Act 1988 15 Jurisdiction: England and Wales Cited by: Cited – Director of Public Prosecutions, Regina (on the Application Of) v Chambers Admn 25-Jul-2003 The prosecutor appealed dismissal of charges of driving with excess alcohol. The defendant had admited driving, but said she had … Continue reading Mallard v Director of Public Prosecutions: 1990

Linse, Regina (on The Application of) v Chief Constable of North Wales Police: Admn 29 May 2020

Whether a certificate of motor insurance which may be avoided for non-disclosure is nevertheless a ‘valid’ certificate of insurance within the meaning of the Road Traffic Act 1988 (Retention and Disposal of Seized Motor Vehicles) Regulations 2005 Citations: [2020] EWHC 1288 (Admin) Links: Bailii Jurisdiction: England and Wales Road Traffic Updated: 04 December 2022; Ref: … Continue reading Linse, Regina (on The Application of) v Chief Constable of North Wales Police: Admn 29 May 2020

Robinson v Adair: QBD 2 Mar 1995

The Truro Crown Court had allowed Mr Adair’s appeal against his conviction for obstructing a highway. The prosecutor appealed. Held: It had to be decided whether a particular road had become by presumed dedication a public highway. The use relied on constituted an offence under section 34(1) of the 1988 Act. A claim of long … Continue reading Robinson v Adair: QBD 2 Mar 1995

Martin v Director of Public Prosecutions: QBD 30 Nov 1999

When a driver suffers an obligatory disqualification through a drink driving offence, the court may not at the same time impose on his licence additional penalty points for offences associated with the events of the drink driving offence. The 1988 Act was a consolidating act, and was not to be construed so as to change … Continue reading Martin v Director of Public Prosecutions: QBD 30 Nov 1999

Mohindra v Director of Public Prosecutions; Browne v The Chief Constable Of Greater Manchester: Admn 15 Mar 2004

The defendants had been required to provide information leading to the identification of the driver. In one case the defendant was the registered keepr, and in the second not. Held: the obligations differed according to whether it was addressed to the registered keeper. In the one case to gave the information, and under the second, … Continue reading Mohindra v Director of Public Prosecutions; Browne v The Chief Constable Of Greater Manchester: Admn 15 Mar 2004

Nembhard v Director of Public Prosecutions: Admn 21 Jan 2009

The defendant appealed against his conviction for failing to produce his driving documents, saying that the local police had stopped some 55 times in the previous 12 months, and that the request was improper and an abuse. Held: ‘An officer can only require a driver to produce his licence if the requirement is for the … Continue reading Nembhard v Director of Public Prosecutions: Admn 21 Jan 2009

Dunmill, Regina (On the Application of) v Director Of Public Prosecutions: Admn 5 Jul 2004

The defendant appealed his conviction for driving with excess alcohol. He had driven his car within a camping site at Hayling Island. He might have been charged with driving on a road or other public place, but was charged with driving on a road. It was too late on appeal to widen the wording. The … Continue reading Dunmill, Regina (On the Application of) v Director Of Public Prosecutions: Admn 5 Jul 2004

Mighell v Reading and Another and Evans v Motor Insurers Bureau and White v White and Another: CA 30 Sep 1998

Passengers were injured in motor vehicles. The drivers were uninsured, and the MIB had declined to make payment. The doctrine of direct effect did not apply where the allegation was that the Motor Insurers Bureau arrangement did not comply with a European Directive. It was not clear whether the Bureau was an emanation of state, … Continue reading Mighell v Reading and Another and Evans v Motor Insurers Bureau and White v White and Another: CA 30 Sep 1998

Hereford and Worcester County Council v Pick: 1 Apr 1995

The issue was whether a presumed dedication of a road as a public highway could result from twenty years or more of uninterrupted public use in breach of section 34(1) of the 1988 Act. The court was considering whether a footpath, alleged to have become a public highway for vehicles by presumed dedication, had been … Continue reading Hereford and Worcester County Council v Pick: 1 Apr 1995

Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant? Held: Lord Bingham of Cornhill said: ‘The overriding concern is that a trial should be fair, and the presumption … Continue reading Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002: HL 14 Oct 2004

Director of Public Prosecutions v Grundy: Admn 3 May 2006

The prosecution appealed by way of case stated from the acquittal of the defendant for failing to provide a specimen of breath. She had been distressed on being arrested, and the magistrates concluded that her distress had been the cause of her failing to provide the specimen at the police station. They certified a question … Continue reading Director of Public Prosecutions v Grundy: Admn 3 May 2006

Regina v P and others: HL 19 Dec 2000

Where communications had been intercepted in a foreign country, and the manner of such interceptions had been lawful in that country, the evidence produced was admissible in evidence in a trial in England. An admission of such evidence was not an infringement of the rights to a fair trial, nor of the right to respect … Continue reading Regina v P and others: HL 19 Dec 2000

Churchill Insurance Company Ltd v Fitzgerald and Wilkinson and Others: CA 24 Aug 2012

The court was asked whether, if the insured owner of a vehicle permits another, uninsured, to drive the car, carrying the owner, and through his negligence causes and accident in which the owner is injured, the insurer is bound to meet the owner’s claim by virtue of the 1988 Act. Judges: Maurice Kay VP, Etherton, … Continue reading Churchill Insurance Company Ltd v Fitzgerald and Wilkinson and Others: CA 24 Aug 2012

John Kimball Stewart v Director of Public Prosecutions: Admn 2 Jun 2003

The defendant gave two specimens of breath, but they differed so markedly that the officer considered them unreliable. He offered the defendant the choice of a further two attempts or to give a specimen of blood or urine. He was convicted on the second set of breath tests. He appealed, saying he should not have … Continue reading John Kimball Stewart v Director of Public Prosecutions: Admn 2 Jun 2003

Secretary of State for Transport, Local Government and the Regions v Snowdon: Admn 4 Nov 2002

The Secretary of State appealed a finding that the applicant was a fit and proper person to hold a licence to drive a passenger carrying vehicle, despite his conviction for two offences of indecent assault on a girl under 15, and his name being entered on the sex offenders’ register. Held: There was no provision … Continue reading Secretary of State for Transport, Local Government and the Regions v Snowdon: Admn 4 Nov 2002

Cutter v Eagle Star Insurance Company Limited: CA 22 Nov 1996

The concept of a ‘Road’ under the Act includes areas of a public car park marked out for the use of vehicles. Citations: Times 03-Dec-1996, [1996] EWCA Civ 1029, [1997] 1 WLR 1082, [1998] RTR 309 Links: Bailii Statutes: Road Traffic Act 1988 192 Jurisdiction: England and Wales Cited by: Appeal from – Clarke v … Continue reading Cutter v Eagle Star Insurance Company Limited: CA 22 Nov 1996

Parish v Director of Public Prosecutions (Orse Parrish v Director of Public Prosecutions): QBD 1 Nov 1999

The defendant motorist was accused of driving with excess alcohol. There had been a difference in readings between two samples taken within a short time of each other. Held: He should have been allowed an adjournment to bring his own expert witness to explain the discrepancy. A breath test taken only a short time after … Continue reading Parish v Director of Public Prosecutions (Orse Parrish v Director of Public Prosecutions): QBD 1 Nov 1999

O’Sullivan v Director of Public Prosecutions: Admn 25 Feb 2005

After routine procedures were followed at the police station, the police took a specimen of breath over two hours after those used for analysis to see if the defendant was then fit to leave. It showed a reading consistent with the analysis of the earlier sample. Several weeks after the arrest the machine had been … Continue reading O’Sullivan v Director of Public Prosecutions: Admn 25 Feb 2005

Leong, Regina (on the Application of) v Director of Public Prosecutions: Admn 12 Jun 2006

Appeal against conviction for driving with excess alcohol – officer reading out contents of the print-out when it had not been served on the defendant. Judges: Silber J Citations: [2006] EWHC 1575 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 5(1)(a) Jurisdiction: England and Wales Road Traffic Updated: 27 October 2022; Ref: scu.242954

Crown Prosecution Service v Chalupa: Admn 30 Oct 2009

Judges: Lord Justice Elias Mr Justice Openshaw Citations: [2009] EWHC 3082 (Admin), (2010) 174 JP 111 Links: Bailii Statutes: Road Traffic Offenders Act 1988 7(6) Jurisdiction: England and Wales Road Traffic Updated: 25 October 2022; Ref: scu.381667

Meeking, Regina v: CACD 29 Feb 2012

The defendant passenger pulled on the handbrake at speed and caused a crash which her husband, the driver could not prevent. She was charged with manslaughter. Judges: Toulson LJ, Kenneth Parker J, Barker QC J Common Serjeant Citations: [2012] EWCA Crim 641, [2012] 1 WLR 3349, [2013] RTR 4, [2012] WLR(D) 60 Links: Bailii Statutes: … Continue reading Meeking, Regina v: CACD 29 Feb 2012

Essen v Director of Public Prosecutions: Admn 12 May 2005

Citations: [2005] EWHC 1077 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 4(1) 3 Jurisdiction: England and Wales Cited by: Cited – Stavrinou, Regina (on the Application Of) v Horseferry Road Justices Admn 22-Feb-2006 The claimant asked for judicial review of a decision to adjourn the case against him on a charge of driving with … Continue reading Essen v Director of Public Prosecutions: Admn 12 May 2005

Hitchen, Regina (on The Application of) v Oxford Magistrates Court: Admn 19 Jan 2015

The claimant a 78 year old lady had crashed. Her appeal from revocation of her drivers licence was refused and she appealed. Held: The magistrates had not taken proper account of the drivers medical evidence. The decision was perverse and to be set aside. Citations: [2015] EWHC 271 (Admin) Links: Bailii Statutes: Road Traffic Act … Continue reading Hitchen, Regina (on The Application of) v Oxford Magistrates Court: Admn 19 Jan 2015

Director of Public Prosecutions v Conroy: Admn 23 Jun 2003

The DPP appealed a finding of special reasons for not disqualifying the defendant after finding him guilty of driving with excess alcohol. He had been stopped driving at excess speed, he had driven over a mile and had a further two hundred yards to drive, and had driven through the centre of Congleton. He pointed … Continue reading Director of Public Prosecutions v Conroy: Admn 23 Jun 2003

Regina v Marison: CACD 16 Jul 1996

A diabetic who drove anticipating a diabetic attack was driving recklessly and his act constituted dangerous driving. Citations: Gazette 02-Aug-1996, Times 16-Jul-1996, [1997] RTR 457 Statutes: Road Traffic Act 1988 2A Jurisdiction: England and Wales Cited by: Cited – Milton v Crown Prosecution Service Admn 16-Mar-2007 The defendant appealed his conviction for dangerous driving, saying … Continue reading Regina v Marison: CACD 16 Jul 1996

Director of Public Prosecutions v Walsall Magistrates’ Court and Another: Admn 5 Dec 2019

Two applications for judicial review, arising out of prosecutions for driving with a breath alcohol level in excess of the statutory limit, contrary to section 5(1) of the Road Traffic Act 1988 (‘the RTA’). In both cases, following the service of a defence statement, the District Judge allowed a defence application for disclosure pursuant to … Continue reading Director of Public Prosecutions v Walsall Magistrates’ Court and Another: Admn 5 Dec 2019

Butler v Director of Public Prosecutions: CACD 20 Dec 2000

Where an officer was told in the police station of a medical reason why the suspect should not provide a sample of blood, and had had to suspend the procedure, the officer should ensure that the same information should be provided to the hospital. The defendant asserted that he suffered from ‘immune system breakdown’. The … Continue reading Butler v Director of Public Prosecutions: CACD 20 Dec 2000

Scheiner v Director of Public Prosecutions: Admn 13 Jun 2006

Appeal against conviction for driving with excess alcohol – officer having mobile phone with him and turned on contrary to manufacturer’s instructions. Held: The appeal failed. ‘This appeal should, in my view, mark the end of arguments before Magistrates’ Courts and Crown Courts that, merely because a mobile telephone or police radio was — still … Continue reading Scheiner v Director of Public Prosecutions: Admn 13 Jun 2006

Killick v West London Magistrates’ Court: Admn 6 Dec 2012

The claimant applied for an order quashing his convictions at the West London Magistrates’ Court for two offences: plying for hire without a licence contrary to section 7 of the Metropolitan Public Carriage Act 1869; and using a motor vehicle without third party insurance contrary to section 143 of the Road Traffic Act 1988 and … Continue reading Killick v West London Magistrates’ Court: Admn 6 Dec 2012

Purnell, Regina (on The Application of) v Snaresbrook Crown Court: Admn 30 Mar 2011

The claimant sought judicial review of a dismissal of his appeal against conviction for failing to provide information as to the identity of a driver. The appeal court had found that he had not received the notices requiring him to provide the information, and he said that the court had refused to listen to evidence … Continue reading Purnell, Regina (on The Application of) v Snaresbrook Crown Court: Admn 30 Mar 2011

Coe, Regina v: CACD 14 Jul 2009

The defendant appealed against his conviction for causing death by dangerous driving and failing to provide a specimen of breath. Citations: [2009] EWCA Crim 1452 Links: Bailii Statutes: Road Traffic Act 1988 3A(1) Jurisdiction: England and Wales Crime, Road Traffic Updated: 26 August 2022; Ref: scu.347706

Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

The various insured defendants had been driven in the insured vehicles by a non-insured driver. Suffering injury at the negligence of the driver, they recovered variously damages. Their insurance companies sought recovery of the sums paid from their respective insureds under the policy terms, section 151 and under European law. Appeals and cross appeals were … Continue reading Churchill Insurance Company Ltd v Wilkinson and Others: CA 19 May 2010

A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005

Wade v Director of Public Prosecutions: QBD 14 Feb 1995

The Police Constable had failed to enquire further on the issue of ‘taking tablets’ as a medical reason for refusing to give a breath test. The prosecution failed. Citations: Times 14-Feb-1995, (1996) RTR 177 Statutes: Road Traffic Act 1988 5(1) Jurisdiction: England and Wales Cited by: Cited – Steadman v Director of Public Prosecutions QBD … Continue reading Wade v Director of Public Prosecutions: QBD 14 Feb 1995

Gidden v Chief Constable of Humberside: Admn 29 Oct 2009

The driver appealed against his conviction for speeding, saying that he had not been given the requisite notice within the 14 days required: ‘The notice of intended prosecution had been sent to him by first class ordinary post in circumstances where he would ordinarily have been expected to receive it in 14 days, but in … Continue reading Gidden v Chief Constable of Humberside: Admn 29 Oct 2009

Robbie the Pict, Regina (On the Application of) v Crown Prosecution Service: Admn 24 Apr 2009

The defendant appealed against a conviction that he had driven a vehicle through a red light contrary to the provisions of section 36(1) of the Road Traffic Act 1988 and related regulations. He said that the Gatsometer device was not an approved device as required, saying that the 1991 Act required any such approval to … Continue reading Robbie the Pict, Regina (On the Application of) v Crown Prosecution Service: Admn 24 Apr 2009

Cameron v Liverpool Victoria Insurance Co Ltd: SC 20 Feb 2019

The Court was asked in what circumstances is it permissible to sue an unnamed defendant? The respondent was injured when her car collided with another. The care was insured but by a driver giving a false name. The car owner refused to identify him. The insurers now appealed against Held: The appeal succeeded. It is … Continue reading Cameron v Liverpool Victoria Insurance Co Ltd: SC 20 Feb 2019

Morris v Director of Public Prosecutions: Admn 14 Nov 2008

Appeal from conviction for driving with excess alcohol. The driver complained that the police had destroyed CCTV evidence of the administration of the statutory warning on his being tested. The appeal failed. The defendant had given no indication that he might wish to challenge the warning. Citations: [2008] EWHC 2788 (Admin), (2009) 173 JP 41 … Continue reading Morris v Director of Public Prosecutions: Admn 14 Nov 2008

Logan and Another v Procurator Fiscal: HCJ 2 Jul 2008

The appellant challenged sentences for driving whilst disqualified. The defendant questioned the extent of the legislative competence of the Scottish Parliament under judicial scrutiny on grounds other than compliance with Convention rights. Judges: Lord Nimmo Smith Citations: [2008] ScotHC HCJAC – 61, 2009 SCL 83, 2008 SCCR 815, 2008 GWD 35-535, [2008] HCJAC 61, 2008 … Continue reading Logan and Another v Procurator Fiscal: HCJ 2 Jul 2008

Walden, Regina (on the Application of) v Highbury Corner Magistrates’ Court: Admn 19 Mar 2003

The defendant appealed a decision of the magistrates to adjourn his trial for a breathaliser offence when the Crown Prosecution Service had not warned officers to attend to give evidence. On this application, the CPS filed an acknowledgment, did not attend the hearing or seek to justify its failure to warn the police officers. No … Continue reading Walden, Regina (on the Application of) v Highbury Corner Magistrates’ Court: Admn 19 Mar 2003

Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

The claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011

Regina v Haringey Magistrates’ Court ex parte Amvrosiou: Admn 13 Jun 1996

When the appellant appeared at the Magistrates’ Court to answer a charge of driving whilst uninsured, a preliminary point was taken on her behalf that the prosecution had not been commenced within 6 months of the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings had become available. In response … Continue reading Regina v Haringey Magistrates’ Court ex parte Amvrosiou: Admn 13 Jun 1996

Murphy v Director of Public Prosecutions: Admn 20 Jun 2006

The court rejected the defendant’s argument that the prosecutor should have put in evidence the results of the roadside breath test. Mitting J referred to the case of Badkin: ‘But nothing in the judgment of Glidewell LJ leads to the conclusion that in every case the prosecution must obtain from the manufacturers an analysis of … Continue reading Murphy v Director of Public Prosecutions: Admn 20 Jun 2006

A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

The claimants had each been detained without trial for more than two years, being held as suspected terrorists. They were free leave to return to their own countries, but they feared for their lives if returned. They complained that the evidence used to justify their detention was derived from practices involving torture by the US … Continue reading A, B, C, D, E, F, G, H, Mahmoud Abu Rideh Jamal Ajouaou v Secretary of State for the Home Department: CA 11 Aug 2004

Director of Public Prosecutions v Meakin: Admn 4 May 2006

Appeal against stay of prosecution as abuse of process. Held: The appeal failed. Openshaw J said: ‘The concept of a fair trial involves fairness to the prosecution and to the public as well as to the defendant.’ Judges: Scott Baker LJ, Openshaw J Citations: [2006] EWHC 1067 (Admin) Links: Bailii Statutes: Road Traffic Act 1988 … Continue reading Director of Public Prosecutions v Meakin: Admn 4 May 2006

McMminn v McMinn and Another: QBD 11 Apr 2006

The claimant had been severely injured in a car crash when his younger brother was driving. The driver did not have the owner’s permission to drive, and the insurer sought to avoid laibility. Held: ‘insurers do not have to prove that the injured passenger actually believed that the vehicle had been stolen or unlawfully taken. … Continue reading McMminn v McMinn and Another: QBD 11 Apr 2006

Sneyd v Director of Public Prosecutions: Admn 24 Feb 2006

The defendant appealed against his conviction for driving with excess alcohol. He complained that though the officers suspected him of having consumed alcohol, they asked him whether he had been drinking without cautioning him, and that no print out from the Intoximeter having been produced, there was no evidence on which he could be convicted. … Continue reading Sneyd v Director of Public Prosecutions: Admn 24 Feb 2006

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

Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy: Admn 19 Jan 2006

Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the prosecution, and subject to disclosure requirements accordingly. The prosecution replied that the meter manufacturer specifications were protected as confidential. … Continue reading Director of Public Prosecutions v Wood; Director of Public Prosecutions v McGillicuddy: Admn 19 Jan 2006

Traves, Regina (on the Application Of) v Director of Public Prosecutions: Admn 30 Jun 2005

The defendant appealed conviction involving allegations that he was driving. He was sat at the wheel of a vehicle being towed by means of a rigid steel bar. He denied that he was driving, but had both steered and braked. Held: The magistrates had been entitled to find that he had been driving, having had … Continue reading Traves, Regina (on the Application Of) v Director of Public Prosecutions: Admn 30 Jun 2005

Wright v Director of Public Prosecutions: Admn 25 May 2005

The defendant appealed his conviction for driving with excess alcohol. He complained that the device used to measure his breath at the police station, the EC/IR intoximeter, was not an approved device. The court had refused to accept evidence to support such an assertion. Held: The magistrates had found that the appellant had been lawfully … Continue reading Wright v Director of Public Prosecutions: Admn 25 May 2005

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

Gidden v Director of Public Prosecutions: QBD 29 Oct 2009

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 … Continue reading Gidden v Director of Public Prosecutions: QBD 29 Oct 2009

Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008

An indictment had not been signed despite a clear statutory provision that it should be. The defects were claimed to have been cured by amendment before sentence. Held: The convictions failed. Sections 1(1) and 2(1) of the 1933 Act which provided for a bill of indictment (which had of itself no legal standing save as … Continue reading Clarke, Regina v; Regina v McDaid: HL 6 Feb 2008