Admissibility of evidence in driving cases
Produced in partnership with Red Lion Chambers

The following Corporate Crime practice note produced in partnership with Red Lion Chambers provides comprehensive and up to date legal information covering:

  • Admissibility of evidence in driving cases
  • Proving the identity of the driver
  • Admissibility of evidence by certificate
  • Admissibility of DVLA records
  • Admissibility of the Highway Code
  • Admissibility of evidence from prescribed devices
  • Admissibility of hearsay
  • Expert evidence

Admissibility of evidence in driving cases

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 court has received a statement from the accused confirming that they were the driver, the magistrates will accept that statement as proof of the identity of the driver.

Where there is no such statement, either because RTA 1988, s 172 notice was not satisfactorily served in accordance with the Criminal Procedure Rules 2020, SI 2020/759, r 4.12 (CrimPR) or because the offence is not one to which section 172 applies, the magistrates will consider evidence such as details of the registered keeper given to police during questioning or details on the police national database. See: Creed v Scott [1976] RTR 488 (not reported by LexisNexis®) and DPP v Bayliff [2003] EWHC 539 (Admin) (not reported by LexisNexis®).

Details of the driver given to the police can be proof of identity. It does not matter if a driver’s licence is produced to prove name and address or the details are provided verbally without production of a licence. See Marshall v Ford (1908) 72 JP 480 (not reported by LexisNexis®).

Despite being considered to be both unsafe and prejudicial to the defendant, dock identifications are still permissible in law and such situations can arise.

A registration document states that the registered keeper is not necessarily the legal owner

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