Griffiths LJ discussed the lawfulness of a police officer’s stopping of a motorist, and said: ‘It should, however, be stated that the police officer was acting within the execution of his duty by virtue of his power at common law and not by virtue of any power contained in section 159 of the Road Traffic Act.’ Having referred to Beard v Wood he continued: ‘The finding that the police officer was acting lawfully in the execution of his duty at the time he stopped the defendant is sufficient to dispose of the appeal.’
[1985] RTR 98
Road Traffic Act 1972 159
England and Wales
Citing:
Cited – Beard v Wood 1980
The court discussed the power of a constable to stop a driver.
Held: Provided the officer was acting in good faith the statutory powers given to him he need have no grounds for stopping a driver. Nothing in the section required the prosecutor . .
Cited by:
Cited – Beckett, Regina (on The Application of) v Aylesbury Crown Court Admn 22-Jan-2004
The applicant had unsuccessfully appealed against his conviction for driving with excess alcohol. He had been stopped randomly to check his documents and the road worthiness of the older car.
Held: The appeal failed. May LJ said: ‘Whether it . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Police
Updated: 12 January 2022; Ref: scu.425324
