References: [2004] EWHC 2502 (Admin)
Links: Bailii
Ratio: Driving whilst disqualified – ban expired but no test taken – burden of evidence
Jurisdiction: England and Wales
This case cites:
- Cited – Sheldrake v Director of Public Prosecutions; Attorney General’s Reference No 4 of 2002 HL (House of Lords, Bailii, [2004] UKHL 43, [2005] 1 AC 264, Times 14-Oct-04, [2005] 1 All ER 237, [2004] 3 WLR 976, [2005] RTR 13, (2004) 168 JP 669, (2004) 17 BHRC 339, [2004] All ER (D) 169)
Appeals were brought complaining as to the apparent reversal of the burden of proof in road traffic cases and in cases under the Terrorism Acts. Was a legal or an evidential burden placed on a defendant?
Held: Lord Bingham of Cornhill said: . . - Cited – Regina v Edwards, Denton and Jackson Hendley Crowley; Attorney General’s Reference (No. 1 of 2004) CACD ([2004] EWCA Crim 1025, Bailii, Times 30-Apr-04, Gazette 20-May-04, [2004] 1 WLR 2111, [2004] 2 Cr App R(S) 27)
The court considered references by the Attorney-General with regard to offences imposing a burden of proof upon the defendant. ‘An evidential burden will be discharged by a defendant by ensuring that there is some evidence before the court which . . - Cited – Scott v Jelf ([1974] RTR 256)
The defendant was accused of driving whilst disqualified. He drove in breach of the conditions of a provisional licence having been disqualified until he took the test.
Held: Lord Widgery CJ: ‘That provision has appeared in the road traffic . .
(This list may be incomplete)
Last Update: 21 November 2019
Ref: 219261 br>
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