Since being called to the Bar in 2012, Daniel has rapidly developed a thriving practice across the range of criminal offences, including those of violence, dishonesty, drugs and sexual offences. He has been noted by judges as someone who "presents beyond his call" and has fast gained a reputation among solicitors as a robust and tenacious advocate, renowned for his meticulous attention to detail and excellent client care skills. He is often instructed in cases involving vulnerable witnesses or defendants, including those suffering from severe mental impairment.
In addition to repeat defence work, Daniel is regularly instructed to prosecute on behalf of the Crown Prosecution Service, for whom he is a Grade 2 prosecutor, the Department for Work and Pensions, National Probation Service and Local Authorities. He is also qualified to accept instructions from members of the public under the direct access provisions.
This Practice Note covers defences available to a defendant in driving cases. These can include automatism, insanity, duress and necessity, mechanical defect, involuntary intoxication and the ‘hip flask’ defence (consuming alcohol after driving).
This Practice Note examines the principles that govern discretionary disqualification under the Road Traffic Offenders Act 1988 (RTOA 1988) and the Sentencing Act 2020 (SA 2020), including when the power to disqualify arises, the factors a court may take into account before exercising its discretion to disqualify and when extended periods of disqualification will be ordered. This note also explains the relationship between discretionary disqualification and the penalty points system, the requirement of the defendant to be warned of impending disqualification and the procedure for removing a period of disqualification.
The Practice Note addresses the offence of driving with no insurance contrary to section 143 of the Road Traffic Act 1988. It covers the elements of the offence for the prosecution to prove, the meaning of ‘use’, ‘cause or permit’, ‘motor vehicle’, ‘road or other public place’ and what a valid policy of insurance or security must contain. Available defences are explained and sentences for driving without insurance offences explored.
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