Parker v Director Of Public Prosecutions [2000] EWHC Admin 429 (7 December 2000)

Parker v Director Of Public Prosecutions [2000] EWHC Admin 429 (7 December 2000)

The irrebuttable presumption in section 15(2) of the Road Traffic Offenders Act 1988 does not infringe Convention rights under Article 6(1) or (2) ECHR. The assumption is reasonable and within limits, given the legislative aim of preventing drink driving. Section 15 can be read in accordance with its natural meaning compatibly with Convention rights.

Citation
[2000] EWHC Admin 429
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
England and Wales
Judgment Date
07 December 2000
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Presumption of Innocence, Drink Driving Offences, Interpretation of Statutes, Compatibility With ECHR, Irrebuttable Presumptions
Criminal Law Human Rights Law Road Traffic Law Presumption of Innocence Drink Driving Offences Interpretation of Statutes Compatibility With ECHR Irrebuttable Presumptions

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the irrebuttable presumption in section 15(2) of the Road Traffic Offenders Act 1988 is compatible with Article 6(1) and (2) of the European Convention on Human Rights
  2. 2 Whether section 15(2) can be construed as providing for a rebuttable presumption under section 3(1) of the Human Rights Act 1998

Ratio Decidendi

The irrebuttable presumption in section 15(2) of the Road Traffic Offenders Act 1988 does not infringe Convention rights under Article 6(1) or (2) ECHR. The assumption is reasonable and within limits, given the legislative aim of preventing drink driving. Section 15 can be read in accordance with its natural meaning compatibly with Convention rights.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal refused