Road traffic offences

View Corporate Crime by content type:

Practice notes

Precedents

Q&As

News

Latest Corporate Crime News

Corporate Crime weekly highlights—21 January 2021

The following Corporate Crime news provides comprehensive and up to date legal information on Corporate Crime weekly highlights—21 January 2021

Corporate Crime weekly highlights—28 September 2017

The following Corporate Crime news provides comprehensive and up to date legal information on Corporate Crime weekly highlights—28 September 2017

Corporate Crime weekly highlights—14 September 2017

The following Corporate Crime news provides comprehensive and up to date legal information on Corporate Crime weekly highlights—14 September 2017

Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

The following Corporate Crime news provides comprehensive and up to date legal information on Civil penalties and the tension between companies and their directors (Sutton v Norwich City Council)

Featured Corporate Crime content

Involuntary manslaughter

Involuntary manslaughter—introductionManslaughter can be classified as either voluntary or involuntary. Voluntary manslaughter consists of those...

Voluntary manslaughter

Voluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the relevant mental element for...

Criminal act or omission

OmissionA defendant must be shown to have had the relevant mental state of mind or intention at the time that the act comprising offence is committed....

Exclusion of unfair evidence in criminal proceedings

The test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence excluded simply because it has been obtained unlawfully. To...

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

Is an arrest necessary?

Lawful arrest—human rightsThe right to liberty is a fundamental principle of the Human Rights Act 1998 (HRA 1998), which itself gives effect to the...

9th Nov

Practice notes

Discretionary life sentences

Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...

9th Nov

Practice notes

Corporate criminal liability

This Practice Note deals with what is meant by corporate liability in relation to criminal law. It covers establishing corporate liability, the...

9th Nov

Practice notes

Summary 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...

Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 12th Jan

Scottish Law

Practice notes

The defence of insanity

What is the defence of insanity?Insanity is a common law defence to a criminal charge. A defence of insanity is available in both the magistrates'...

9th Nov

Practice notes

Obtaining and executing a search warrant under PACE 1984

Searches of premises during criminal investigations may be conducted on the authority of a warrant issued by a court, or without warrant under a...

9th Nov

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

Cheating the public revenue

Offence of cheating the public revenueThe offence of cheating the public revenue is a common law offence triable only on indictment. This means that,...

9th Nov

Practice notes

Conducting an appeal in the Court of Appeal Criminal Division (CACD)

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

9th Nov

Practice notes

Local authorities—powers to investigate environmental crime

When do local authorities investigate environmental offences?Environmental offences cover a broad range of crimes which affect the surroundings we...

Produced in partnership with Laura Phillips of 6 Pump Court 12th Jan

Practice notes

Non-intimate samples

The police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE 1984). Non-intimate...

9th Nov

Practice notes

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...

Produced in partnership with Craig Findlater of Black Chambers and Stephen O'Rourke QC of Terra Firma Chambers 12th Jan

Scottish Law

Practice notes

The statutory exceptions to the rule against hearsay in criminal proceedings

Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...

9th Nov

Practice notes

Misleading omissions under the Consumer Protection from Unfair Trading Regulations 2008

The offence of misleading omissionsEngaging in a commercial practice that is a misleading omission is made an offence by the Consumer Protection from...

9th Nov

Practice notes

Criminal trial held in the absence of the defendant

Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...

9th Nov

Most recent Road traffic offences content

Q&As

When a fixed penalty notice (FPN) has been accepted for driving without insurance, the fine has been paid and licence has been endorsed with six points, but there has been a mistake as to the facts (eg it has come to light that the person in question was in fact insured on the date in question) is it possible to re-open, appeal or otherwise challenge the FPN and if so, how? Is it possible to bring the matter before a court so that the person in question can defend the matter?

Under section 143(1)(a) of the Road Traffic Act 1988 (RTA 1988), ‘…a person must not use a motor vehicle on a road or other public place unless there...

Produced in partnership with Balbir Suri 21st Jan

Practice notes

Goods vehicle licensing

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Vikki Woodfine of DWF LLP 18th Jan

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 16th Jan

Q&As

Can special reasons be argued when a driver has started their journey with learner plates and when stopped no longer had the plates on the vehicle, contrary to driving otherwise than in accordance with a licence under section 87(1) of the Road Traffic Act 1988? Are there any relevant key cases?

Driving other than in accordance with a licence is an offence, contrary to section 87(1) of the Road Traffic Act 1988 (RTA 1988) and Schedule 2 to the...

11th Jan

Q&As

In respect of an offence contrary to section 5A of the Road Traffic Act 1988 (being in charge of a vehicle while above the prescribed drug limit), is it incumbent to obtain a medical report showing when the drug might have left the defendant’s system?

Section 5A of the Road Traffic Act 1988 (RTA 1988) is a summary offence that came into force in March 2015 and is a strict liability offence avoiding...

11th Jan

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 11th Jan

Practice notes

Notice of intended prosecution in road traffic cases

A notice of intended prosecution (NIP) is a notification, usually by the police, that a prosecution is being considered against an individual.The...

Produced in partnership with Red Lion Chambers 11th Jan

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 11th Jan

Practice notes

Admissibility of evidence in driving cases

Proving the identity of the driverWhere the court is satisfied that accused was served with a notice under section 172 of the Road Traffic Act 1988...

Produced in partnership with Red Lion Chambers 11th Jan

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 11th Jan

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 11th Jan

Practice notes

Causing death while driving unlicensed, uninsured or disqualified

Causing death by driving while disqualifiedSection 3ZC of the Road Traffic Act 1988 (RTA 1988) creates a separate offence of causing death by driving...

Produced in partnership with Red Lion Chambers 11th Jan

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 11th Jan

Practice notes

Drink driving offences

The Road Traffic Act 1988 (RTA 1988) creates a number of alcohol and drug related offences.The principal ones are:•driving with excess alcohol or...

Produced in partnership with Red Lion Chambers 11th Jan

Practice notes

Death by careless driving

Causing death by careless or inconsiderate drivingIf a person drives a car carelessly or without consideration for other road users and their driving...

Produced in partnership with 18 Red Lion Court 11th Jan

Practice notes

Heavy goods vehicles—enforcing transport compliance

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s...

Produced in partnership with Vikki Woodfine of DWF LLP 11th Jan

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 11th Jan

Practice notes

Death by dangerous driving

STOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code, regardless of the date...

Produced in partnership with 18 Red Lion Court 11th Jan

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 11th Jan

Practice notes

Back calculations of blood alcohol for drink driving offences

This Practice Note explains how the proportion of alcohol in a driver’s system at the time they were driving, rather than at the time that the breath...

Produced in partnership with 18 Red Lion Court 11th Jan