Evidence in driving offences

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Practice notes
Voluntary manslaughterVoluntary manslaughterVoluntary manslaughter consists of those killings which would be murder (because the accused has the...
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19th May
Practice notes
Breach of a community orderThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
Procedure during a Crown Court trial—arraignment, trial requirements and evidenceCoronavirus (COVID-19): This Practice Note contains guidance impacted...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 19th May
Practice notes
Exclusion of unfair evidence in criminal proceedingsThe test for exclusion under PACE 1984, s 78An accused has no entitlement to have evidence...
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Produced in partnership with Hannah Thomas of 2 Hare Court 19th May
Practice notes
Production orders under the Proceeds of Crime Act 2002Production ordersThe purpose of a production order is to obtain material relating to a known...
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19th May
Practice notes
Failing to stop or report an accidentDrivers are under a duty to stop at the scene of an accident, provide personal details and report an accident....
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Statutory contempt of courtThe Contempt of Court Act 1981The Contempt of Court Act 1981 (CCA 1981) provides for strict liability contempt or indirect...
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Produced in partnership with Richard Wayman of Pump Court Chambers 19th May
Practice notes
Dangerous drivingThe offence of dangerous drivingDangerous driving contrary to section 2 Road traffic Act 1988 (RTA 1988) is an offence that can be...
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Produced in partnership with Red Lion Chambers 19th May
Practice notes
Football banning ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
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19th May
Practice notes
TheftThe offence of theft and mode of trialTheft is an either way offence; it can be tried in the magistrates' court or the Crown Court. Note,...
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19th May
Practice notes
Reporting restrictions in criminal casesGuide for the judiciary and the media on reporting restrictionsThe fourth edition of the guide for judges and...
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Produced in partnership with Thomas Evans of 3 Paper Buildings 19th May
Practice notes
Commencing criminal proceedings—applying for the issue of a summonsAll criminal cases begin in the magistrates' court however serious the offence....
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19th May
Practice notes
Abuse of process procedureFor an explanation of when abuse of process applications may arise in criminal proceedings, see Practice Note: Abuse of...
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19th May
Practice notes
Mitigation in the sentencing of criminal offencesOnce a defendant has been convicted of a criminal offence by a criminal court in England and Wales,...
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19th May
Practice notes
Disclosure orders under the Proceeds of Crime Act 2002What is a disclosure order?A disclosure order is, in general terms, an order authorising a...
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19th May

Most recent Evidence in driving offences content

Q&As
What happens if the police fail to serve a notice of intended prosecution within the 14-day period for a matter of speeding?Requirement of notice of...
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5th Jun
Practice notes
Admissibility of specimens of blood, urine and breath in road traffic casesConsent to specimens of blood and urine at the police stationThe police...
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5th Jun
Practice notes
Admissibility of evidence in driving casesProving the identity of the driverWhere the court is satisfied that accused was served with a notice under...
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5th Jun
Practice notes
Duress and necessityDuress by threatsDuress by threats provides a complete defence to a charge of any offence other than murder, attempted murder and...
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5th Jun
Practice notes
Notice of intended prosecution in road traffic casesA notice of intended prosecution (NIP) is a notification, usually by the police, that a...
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Produced in partnership with Red Lion Chambers 5th Jun
Practice notes
Evidential specimens in road traffic casesWhat is an evidential specimen?Once a suspect has been arrested for an alcohol (or drug) related motoring...
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5th Jun
Practice notes
AutomatismDefinition 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...
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5th Jun
Practice notes
Defences in driving casesDefendant to raise their defenceA number of defences may apply in road traffic cases. These...
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Produced in partnership with Daniel David Taylor of Red Lion Chambers 5th Jun

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