Red Lion 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 how the proportion of alcohol in a driver’s system at the time they were driving (to see whether they were over the limit or ‘drunk driving’), rather than at the time that the breath or lab blood or urine specimen was provided can be produced through a back calculation. It explains when the back calculation process is used to calculate blood alcohol levels and how it is carried out including all the information that an expert providing evidence would need to make the calculation. The presumption under the Road Traffic Offenders Act 1988 (RTOA 1988) is set out (that the proportion of alcohol in the driver’s breath, blood or urine at the time of the alleged offence is not less than in the specimen) along with the requirement that a driver who wishes to argue that they consumed alcohol after they ceased to drive must rebut the statutory presumption in RTOA 1988, s 15 on the balance of probabilities.

This Practice Note explains the offence of causing death by driving while unlicensed and uninsured under section 3ZB of the Road Traffic Act 1988 (RTA 1988) and causing death by driving while disqualified and causing serious injury by driving while disqualified under RTA 1988 ss 3ZC and 3ZD as amended by the Criminal Justice and Courts Act 2015. It includes guidance from R v Hughes [2013] UKSC 56 which clarifies the causal elements relevant to these offences.

This Practice Note explains the elements of the offence of dangerous driving under section 2 of the Road Traffic Act 1988 including the meaning of key terms, including causing injury, dangerously, drive and mechanically propelled vehicle. It includes examples of where driving would be considered dangerous and the defences which are available. It also explains the offence of causing injury by dangerous driving contrary to section 1A of the Road Traffic Act 1988. Information on the maximum penalty which may be imposed following conviction and links to the Sentencing Council’s sentencing guidelines are included.

This Practice Note explains the elements of the offence of causing death by careless driving under section 2B of the Road Traffic Act 1988 (RTA 1988). It includes definitions which are relevant to this offence, the defences available and the sentence which may be imposed following conviction along with the relevant sentencing guidelines produced by the Sentencing Council including overarching guidelines.

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.

This Practice Note covers the offences of obtaining a driving licence while disqualified and driving a motor vehicle on the road while disqualified created by section 103 of the Road Traffic Act 1988 (RTA 1988). It covers the elements of the offences, causation, the available statutory defences and the sentencing of offenders for obtaining a driving licence while disqualified and for driving a motor vehicle on the road while disqualified in accordance with the Road Traffic Offenders Act 1988 (RTOA 1988).

This Practice Note explains the elements of the offence of falsifying drivers' records and tachographs under sections 99(5) and 99ZE of the Transport Act 1968. It includes definitions which are relevant to these offences, defences which may be available and the sentence which may be imposed following conviction.

This Practice Note covers obligatory disqualification from driving under the Road Traffic Offenders Act 1988 (RTOA 1988). In particular it deals with offences which require obligatory driving disqualification, the duration of mandatory disqualification from driving, extended periods of disqualification, reduced disqualification for attendance on an approved rehabilitation course, disqualification until passing of an extended driving test, exceptions to obligatory disqualification, the impact of a second conviction on obligatory disqualification and the notice of appeal in cases involving obligatory disqualification.

This Practice Note explains the elements of the offence of possession with intent to supply a controlled drug under the Misuse of Drugs Act 1971. It includes information on definitions of possession, controlled drug and intent to supply as well as the available defences to the offence and the sentence which may be imposed following conviction with reference to the Sentencing Guidelines.

This Practice Note explains the elements of the offence of the production of a controlled drug and provides definitions and examples of these elements. It includes the statutory defences which are available to a charge of production of a controlled drug and the likely sentence that is may be imposed following conviction. It includes links to the Sentencing Council’s sentencing guideline for production of a controlled drug and to the General guideline—overarching principles which applies from 1 October 2019 to all sentences for adult and corporate offenders.

This Practice Note explains the offences of importing and exporting controlled drugs under the Customs and Excise Management Act 1979. It includes information on fraudulent evasion and the meaning of intent to evade. Defences to these offences and jurisdictional issues are considered. The sentences which may be imposed following conviction are included.

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.