Pump Court Chambers

This Practice Note outlines the admissibility of evidence in driving cases. It considers proving the identity of the driver and the admissibility of certain evidence, including by certificate, DVLA records, the Highway Code and evidence from prescribed devices. It also considers the admissibility of expert evidence and hearsay.

This Practice Note explains the offence of careless or inconsiderate driving under section 3 of the Road Traffic Act 1988 (RTA 1988). It deals with the elements of the offence of careless driving, the meaning of ‘drive’, ‘mechanically propelled vehicle’, ‘road or other public place’, ‘without due care and attention or inconsiderate driving’. It also covers examples of driving likely to be considered careless, defences to careless driving including automatism, mechanical defect, duress, careless driving as an alternative verdict and sentencing for careless driving. This Practice Note also explains the offence of causing serious injury by careless or inconsiderate driving contrary to RTA 1988, s 2C and includes links to the applicable sentencing guidelines and information on available Fixed Penalty Notices which can be imposed as an alternative to prosecution.

This Practice Note explains the offences of driving or attempting to drive while unfit due to alcohol and driving with excess alcohol under the sections 4 and 5 of the Road Traffic Act 1988. It sets out the elements of the offences which must be proved by the prosecution to the criminal standard of proof. It provides guidance on the wide definition of driving, attempting to drive and being in charge which the courts have applied. Specified limits for alcohol and how the procedure for testing and the admissibility of these results are explained. The statutory and non-statutory defences to drink driving are included. It includes information on sentencing with links to sentencing guidelines for drink driving offences and the overarching guideline—general principles and outlines the benefits of taking part in a drink drive rehabilitation scheme.

This Practice Note deals with police powers in the context of driving offences. It outlines police powers under the Road Traffic Act 1988 (RTA 1988) and preliminary tests (ie preliminary breath tests, preliminary impairment tests and preliminary drug tests) and the police powers of entry to administer a preliminary test following an accident. It also addresses police powers of arrest, powers to stop vehicles and search powers.

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.

This Practice Note explains the offence of driving or being in charge of a motor vehicle with concentrations of specific controlled drugs in excess of specified levels under section 5A of the Road Traffic Act 1988. This Practice Note explains the elements of the offence, the testing for controlled drugs, the available defences and the sentencing of this offence.

This Practice Note deals with evidential specimens in road traffic cases. It outlines the power to request specimens of breath, blood or urine in relation to motoring offences. It also outlines the requirement for a statutory warning and provides a link to the Home Office MGDD forms.

This Practice Note explains the duty of a driver to stop and report an accident under the Road Traffic Act 1988 (RTA 1988), s 170. Where a person or animal has been injured or where the accident has caused damage to another’s vehicle or property, the driver must stop and report the accident. This Practice Note includes a list of what is required from the driver to discharge their duty to comply with the RTA 1988. It explains the elements of the offence of failing to stop and report an accident. The Practice Note sets out the defences to the offence of failing to stop and what is considered to be reasonably practicable. The sentence for failing to stop are set out along with information about endorsement and discretionary disqualification.

This Practice Note explains the requirement imposed on the police to provide defendants with warnings or a notice of intended prosecution (NIP) under section 1 of the Road Traffic Offenders Act 1988 (RTOA 1988). It addresses how the obligation to provide notice can be fulfilled by the police and the service requirements for a NIP. The offences for which a NIP or warning must be served are outlined as well as the exceptions to the need to serve a NIP or warning.

This Practice Note explains the elements of the offence of failing to provide a specimen of breath, blood or urine for analysis without reasonable excuse in the course of an investigation into whether the defendant has committed a drinks or drugs based driving offence, under section 7 of the Road Traffic Act 1988 (RTA 1988). It includes definitions which are relevant to the offence, of refusing to provide a specimen, defences which are available despite refusal (including giving a reasonable excuse or medical reason for the lack of cooperation) and the maximum penalty which may be imposed following conviction along with links to the relevant Sentencing Guidelines. It also considers the separate offence of failing to give permission for a laboratory test (RTA 1988, s 7(A)).

This Practice Note explains the offence of failing to co-operate with a preliminary test under section 6 of the Road Traffic Act 1988. It explains the three types of preliminary test and when they can be required. The Note includes information on the defences available and the maximum penalty which may imposed following conviction, and links to the Sentencing Council’s online sentencing guidelines for this offence.

This Practice Note explains special reasons for the purposes of sections 34(1) and 44(2) of the Road Traffic Offenders Act 1988 (RTOA 1988), that is, as mitigation in respect of motoring offences. It explains special reasons (such as emergency or laced drinks) as the basis for avoiding an obligatory disqualification or obligatory endorsement of a driving license (penalty points) or reducing a disqualification from driving period. It covers why they amount to mitigating grounds or extenuating circumstances when sentencing for driving offences (but not a defence). It explains that, even where special reasons are found, disqualification or penalty points (license endorsement) remain at the discretion of the court. The procedure for arguing special reasons and the practical benefits of doing so are included in the Practice Note. Practical examples of special reasons are provided along with the questions which the court will ask.

This Practice Note explains the offence of speeding which is created by the Road Traffic Regulation Act 1984 (RTRA 1984). It includes evidence and admissibility in speeding cases and the statutory and non-statutory defences and provides examples from case law. This Practice Note includes the sentence applicable for a speeding offence.

This Practice Note explains the elements of the offence of taking a vehicle without the owner's consent under section 12 of the Theft Act 1968. It provides definitions for the elements of the offence. The Practice Note includes the sentence which may be imposed on conviction with reference to the Sentencing Guidelines.