Evidence in driving offences

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Practice notes
The offence of false imprisonmentFalse imprisonment is a common law offence but it is more common as a civil action in tort (see Practice Note: False...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
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...
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9th Nov
Practice notes
Competency—general ruleThe most common way for evidence to be adduced is through the testimony of a witness. A witness is said to be competent if they...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Checklist contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
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9th Nov
Practice notes
Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment...
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9th Nov
Practice notes
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'...
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9th Nov
Practice notes
Elements of the offence of perverting the course of justicePerverting the course of justice is a common law offence which can only be tried on...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 12th Jan
Practice notes
Sentences for fraud by false representationA person convicted of fraud by false representation in the Crown Court on indictment faces a maximum...
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9th Nov
Practice notes
Section 9 and Schedule 1 of the Police and Criminal Evidence Act 1984 (PACE 1984) afford access to material that cannot be obtained by an application...
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Produced in partnership with Paul Ozin QC and Alex Mills of 23 Essex Street Chambers 12th Jan
Practice notes
This Practice Note explains the right of defendants who have been convicted in criminal proceedings to appeal against their convictions in the...
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Produced in partnership with Doughty Street Chambers 12th Jan
Practice notes
What is a disclosure order?A disclosure order is, in general terms, an order authorising a request for information with which the recipient is obliged...
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9th Nov
Practice notes
Obtaining services dishonestlyIt is an offence for a defendant to obtain, by any dishonest act, services for which payment is required, with intent to...
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9th Nov
Practice notes
Exceptions under the CJA 2003The admission of hearsay evidence is regulated by the Criminal Justice Act 2003 (CJA 2003).See Practice Note:...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020) among other...
Read More >
9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the coronavirus pandemic. The Coronavirus Act 2020 (CA 2020), among other...
Read More >
Produced in partnership with Kathryn Hughes of QEB Hollis Whiteman 12th Jan

Most recent Evidence in driving offences content

Practice notes
Defendant to raise their defenceA number of defences may apply in road traffic cases. These include:•automatism•insanity•duress and necessity, and•the...
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Produced in partnership with Daniel Taylor of Red Lion Chambers 9th Apr
Practice notes
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),...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
Duress by threatsDuress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and potentially treason....
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9th Apr
Practice notes
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...
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Produced in partnership with Red Lion Chambers 5th Mar
Practice notes
A notice of intended prosecution (NIP) is a notification, usually by the police, that a prosecution is being considered against an individual.The...
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Produced in partnership with Red Lion Chambers 5th Mar
Q&As
Requirement of notice of intended prosecutionA notice of intended prosecution (NIP) is a notification, usually by the police, that a prosecution is...
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13th Feb

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