Evidence in driving offences

Evidence in driving offences guidance:

Proving the identity of the driver Where the court is satisfied that accused was served with a notice under section 172 of the Road Traffic Act 1988 (RTA 1988) and the...

Practice Note

Consent to specimens of blood and urine at the police station The police have the power to request a sample of blood or urine instead of a specimen of breath if one of...

Practice Note

Definition of automatism An 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), or if it is done...

Practice Note

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

Practice Note

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

Practice Note

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 provide a specimen of...

Practice Note

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

Practice Note