Road traffic offences

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Handling stolen goods

The ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly receiving the goods,...

Solemn procedure in Scottish criminal proceedings

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...

Affray

Affray is an offence created by the Public Order Act 1986 (POA 1986). It can be tried in either the magistrates’ court or the Crown Court. The...

Application to dismiss

Application to dismissUnder paragraph 2(1) of Schedule 3 to the Crime and Disorder Act 1998 (CDA 1998), the defendant may (after the date when he is...

Practice notes

Intimate Samples

Intimate Samples from a detained suspectAn intimate sample is:•a sample of blood, semen or any other tissue fluid, urine or pubic hair•a dental...

9th Nov

Practice notes

Obtaining services dishonestly under the Fraud Act 2006

Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...

9th Nov

Practice notes

Appealing a conviction in the Crown Court

This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...

Produced in partnership with Doughty Street Chambers 12th Jan

Practice notes

Indications on sentence

Judicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and public hearing by an...

9th Nov

Practice notes

Grounds for refusing bail

The right to bailThe Bail Act 1976 (BA 1976) gives a general right to bail to:•any person appearing before a magistrates’ court, youth court or Crown...

9th Nov

Practice notes

Procedure during a Crown Court trial—arraignment, trial requirements and evidence

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...

Produced in partnership with Leon Kazakos QC of 2 Hare Court 12th Jan

Practice notes

Production orders under the Proceeds of Crime Act 2002

Production ordersThe purpose of a production order is to obtain material relating to a known person or business, such as bank statements and...

9th Nov

Practice notes

Boiler room fraud

What is a boiler room fraud?Boiler rooms are the names ascribed to high pressure sales environments. The idea is that the sales environment creates...

9th Nov

Practice notes

Possession of a bladed article

The offence of possession of a bladed articleThe offence of having a bladed article in a public place can be tried in either the magistrates' court or...

9th Nov

Practice notes

Entrapment

There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person...

9th Nov

In-house

Practice notes

HCPC—Main hearing of the Health and Care Professions Tribunal

This Practice Note explains the main fitness to practise hearing before the Health and Care Professions Tribunal (HCPT). It deals with preparation for...

Produced in partnership with Paul Renteurs of 2 Hare Court 12th Jan

Practice notes

Absolute and conditional discharge

What is an absolute discharge?An absolute discharge is the most lenient sentence available to the court and is imposed where the court is satisfied...

9th Nov

In-house

Practice notes

Pre-sentence reports

Pre-sentence reportsA pre-sentence report (PSR) is a report usually prepared by the National Probation Service (NPS) with a view to assisting the...

9th Nov

Practice notes

Facilitation payments under the Bribery Act 2010

Facilitating the performance of a duty by public officialsFacilitation payments, also known as facilitating or grease payments, are generally small...

Produced in partnership with Richard Furlong of Carmelite Chambers 12th Jan

Practice notes

Transferred malice

The principle of transferred maliceIf a person has a malicious intent towards X and, in carrying out that intent, injures Y, he is guilty of an...

9th Nov

In-house

Practice notes

Automatism

Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex),...

9th Nov

Most recent Road traffic offences content

Q&As

In light of the Supreme Court decision in Cameron v LV, what is the correct procedure where the identity of the driver is disputed? Is there any case law on the reverse onus for burdens of proof if the individual is a named policyholder? Can they rely on their own failure to register as the vehicle keeper with the DVLA as prima facie evidence they were not the actual owners?

In Cameron v Liverpool Victoria Insurance Co Ltd, Ms Cameron was injured when her car collided with a Nissan Micra. The driver of the Micra made off...

21st Apr

Practice notes

Offences relating to hackney carriages and private hire vehicles

STOP PRESS: The Department for Transport has introduced new statutory standards for taxi and private hire vehicles (PHV) across England and Wales to...

Produced in partnership with Freddie Humphreys of Kings Chambers 9th Apr

Practice notes

Defences in driving cases

Defendant to raise their defenceA number of defences may apply in road traffic cases. These include:•automatism•insanity•duress and necessity, and•the...

Produced in partnership with Daniel Taylor of Red Lion Chambers 9th Apr

Practice notes

Aggravated vehicle-taking

The offence of aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...

9th Apr

Practice notes

Driving, or being in a charge of, a motor vehicle with concentrations of specified controlled drugs in excess of specified levels

If a person drives or is in charge of a motor vehicle with a concentration of a specified controlled drug in their body which is above the legal...

Produced in partnership with Laura Stephenson of 2 Hare Court 9th Apr

Practice notes

Disqualification from driving for non-driving offences

Driving disqualification for any offenceWhere the Crown Court or a magistrates’ court convicts an offender of any offence it may, instead of or in...

9th Apr

Practice notes

Automatism

Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex),...

9th Apr

Practice notes

Obligatory disqualification for driving offences

Offences which require obligatory disqualificationOffences which carry obligatory disqualification are set out in Schedule 2, Parts I and II of the...

Produced in partnership with Red Lion Chambers 9th Apr

Practice notes

Discretionary disqualification for driving offences

Discretionary power to disqualify from drivingThe principal statutes that govern discretionary disqualification are the Road Traffic Offenders Act...

Produced in partnership with Daniel Taylor of Red Lion Chambers 9th Apr

Practice notes

Driving without insurance

The offence of driving with no insuranceIt is an offence to use, or to cause or permit another to use, a motor vehicle under the Road Traffic Act 1988...

Produced in partnership with Daniel Taylor of Red Lion Chambers 9th Apr

Practice notes

Driving offences and police powers

Police powers and preliminary testsUnder the Road Traffic Act 1988 (RTA 1988) there are three types of preliminary tests.These are:•a breath test...

Produced in partnership with Red Lion Chambers 9th Apr

Practice notes

Evidential specimens in road traffic cases

What is an evidential specimen?Once a suspect has been arrested for an alcohol (or drug) related motoring offence, the police will require them to...

9th Apr

Practice notes

Admissibility of specimens of blood, urine and breath in road traffic cases

Consent to specimens of blood and urine at the police stationThe police have the power to request a sample of blood or urine instead of a specimen of...

9th Apr

Practice notes

Duress and necessity

Duress by threatsDuress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and potentially treason....

9th Apr

Practice notes

Causing death by careless driving when under the influence of drink or drugs

The elements of the offenceCausing death by careless driving when under the influence of drink or drugs is an offence under section 3A of the Road...

Produced in partnership with Paul Renteurs of 2 Hare Court 9th Apr

Practice notes

Taking a conveyance without the owner's consent (TWOC)

Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...

9th Apr

Practice notes

Sentencing for road traffic offences—special reasons

What are special reasons in driving sentencing?Special reasons are a category of mitigating arguments that can: •prevent a defendant from being...

Produced in partnership with Matthew Sorel-Cameron of Red Lion Chambers 9th Apr

Practice notes

Goods vehicle licensing

Coronavirus (COVID-19): This Practice Note contains guidance on subjects impacted by the government’s response to the COVID-19 outbreak. In...

Produced in partnership with Vikki Woodfine of DWF LLP 30th Mar

Practice notes

Death by dangerous driving

The elements of the offence of dangerous drivingDangerous driving is an offence under the Road Traffic Act 1988, s 1 (RTA 1988). This is an indictable...

Produced in partnership with 18 Red Lion Court 18th Mar

Practice notes