Road traffic offences

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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 aggravated vehicle-takingA person is guilty of aggravated vehicle taking if:•they take a conveyance without the owner's or other lawful...
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9th Nov
Practice notes
The introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two or three justices to deal...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 12th Jan
Practice notes
What is compensation?A compensation order is defined in the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), to mean an order which...
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9th Nov
Practice notes
Bench warrantsThe Bail Act 1976 (BA 1976) provides that if a defendant fails to appear at court to answer bail, the court may issue a warrant for...
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9th Nov
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Coronavirus Act 2020 (CA 2020). CA 2020, among other measures, makes...
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Produced in partnership with Leon Kazakos QC of 2 Hare Court 12th Jan
Practice notes
Coronavirus (COVID-19): This Practice Note contains guidance impacted by the Scottish government’s response to the COVID-19 outbreak. For information...
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Produced in partnership with Kevin Henry of Optimum Advocates and Stephen O’Rourke QC of Terra Firma Chambers 12th Jan
Practice notes
This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and...
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9th Nov
Practice notes
Serious crime prevention orders (SCPOs) were created by Part 1 of the Serious Crime Act 2007 (SCA 2007) and are civil orders used against those...
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9th Nov
Practice notes
The offence of threats to killThe offence of threats to kill is an offence which can be tried in the magistrates' court or the Crown Court. The...
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9th Nov
Practice notes
How to identify hearsayThe definition of hearsay is contained in the Criminal Justice Act 2003 (CJA 2003). It comprises of four essential...
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9th Nov
Practice notes
Changes under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various changes to Part 5 of the...
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9th Nov
Practice notes
In summarising the law of contempt of court, the Court of Appeal has stated:‘The law of contempt exists to protect the course of proceedings from...
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Produced in partnership with Richard Wayman of Pump Court Chambers 12th Jan
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
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...
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9th Nov
Practice notes
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
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9th Nov

Most recent Road traffic offences content

Practice notes
Offences which require obligatory disqualificationOffences which carry obligatory disqualification are set out in Schedule 2, Parts I and II of the...
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Produced in partnership with Red Lion Chambers 11th Jan
Practice notes
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...
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Produced in partnership with Red Lion Chambers 11th Jan
Practice notes
Causing death by careless or inconsiderate drivingIf a person drives a car carelessly or without consideration for other road users and their driving...
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Produced in partnership with 18 Red Lion Court 11th Jan
Practice notes
Police powers and preliminary testsUnder the Road Traffic Act 1988 (RTA 1988) there are three types of preliminary tests.These are:•a breath test...
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Produced in partnership with Red Lion Chambers 11th Jan
Practice notes
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...
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Produced in partnership with 18 Red Lion Court 11th Jan
Practice notes
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...
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Produced in partnership with Laura Stephenson of 2 Hare Court 11th Jan
Practice notes
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...
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Produced in partnership with 18 Red Lion Court 11th Jan
Practice notes
Failing to provide a specimenIt is an offence if, having been required to provide a specimen of breath, blood or urine for analysis, a person fails to...
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Produced in partnership with 18 Red Lion Court 11th Jan
Practice notes
It is an offence to fail to co-operate with a preliminary test when required to do so, without reasonable excuse.This is a summary-only offence.The...
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Produced in partnership with 18 Red Lion Court 11th Jan
Practice notes
Careless or inconsiderate drivingIf a person drives a car carelessly on a road or public place, or without consideration for other users of the road...
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Produced in partnership with 18 Red Lion Court 11th Jan
Practice notes
The elements of the offence of speedingThe Road Traffic Regulation Act 1984 (RTRA 1984), s 89 creates the offence of exceeding a speed limit.The...
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Produced in partnership with Red Lion Chambers 11th Jan
Practice notes
Drivers are under a duty to stop at the scene of an accident, provide personal details and report an accident. These duties are governed by the Road...
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Produced in partnership with 18 Red Lion Court 11th Jan
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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8th Jan
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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8th Jan
Practice notes
Taking a conveyance without authority offenceTaking a conveyance without authority is committed when a person:•takes a conveyance without the owner's...
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8th Jan
Practice notes
Driving disqualification for any offenceWhere the Crown Court or a magistrates’ court convicts an offender of any offence it may, instead of or in...
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8th Jan
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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8th Jan
Practice notes
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...
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8th Jan
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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8th Jan
Practice notes
The offence of dangerous drivingDangerous driving contrary to section 2 Road traffic Act 1988 (RTA 1988) is an offence that can be tried in the Crown...
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Produced in partnership with 18 Red Lion Court 8th Jan

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