You are here

Life in crime

Francis Fitzgibbon looks at s 5(2) of the Road Traffic Act 1988, and Appeal Court judgments which question current assumptions

14 March 2003

Too drunk to drive home? Mr Sheldrake (S) was (Sheldrake v DPP [2003] EWHC 273 (Admin)). S told the North East Essex justices he was not going to drive, had parked the car and was waiting for a friend to pick him up. His reading was 144 mcg of alcohol in 100 ml of breath. It was a cold day. The car keys were in his pocket. In the absence of any evidence and only his word for it, the justices rejected S’s defence that he had no intention of driving. He appealed on the basis that the legal burden of proving he had no intention to drive breached his right to be presumed innocent under Art 6(2) ECHR. The Divisional Court agreed. They ‘read down’ s 5(2) of the Road Traffic Act 1988, so a defendant now has an evidential burden only. If he satisfies it, the prosecution would have to prove to the criminal standard that the circumstances were not such that there was no likelihood of his driving while he was over the limit. The rest is silence In Howell [2003] EWCA Cr...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.