Director of Public Prosecutions v Barker [2004] EWHC 2502 (Admin) (19 October 2004)

Director of Public Prosecutions v Barker [2004] EWHC 2502 (Admin) (19 October 2004)

The burden of proof falls on the defendant to establish entitlement to the exemption under section 37(3) of the Road Traffic Offenders Act 1988, including compliance with provisional licence conditions. In the absence of such evidence, conviction must follow once driving and disqualification are established.

Source-derived case information.

Citation
[2004] EWHC 2502 (Admin)
Parties
Claimant: Director of Public Prosecutions; Defendant: Barker
Jurisdiction
England and Wales
Judgment Date
19 October 2004
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
appeal allowed
Legal Topics
Driving Whilst Disqualified, Burden of Proof, Provisional Driving Licence, Statutory Exemptions
Criminal Law Road Traffic Law Driving Whilst Disqualified Burden of Proof Provisional Driving Licence Statutory Exemptions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Director of Public Prosecutions

Claimant

Barker

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether the prosecution must prove the defendant was not driving in accordance with the exemption provided by section 37(3) of the Road Traffic Offenders Act 1988
  2. 2 Whether the burden of proof regarding compliance with provisional licence conditions falls on the defendant

Ratio Decidendi

The burden of proof falls on the defendant to establish entitlement to the exemption under section 37(3) of the Road Traffic Offenders Act 1988, including compliance with provisional licence conditions. In the absence of such evidence, conviction must follow once driving and disqualification are established.

Court Disposition

appeal allowed

Orders

  • Matter remitted to Justices with direction to convict the respondent on the charge of driving whilst disqualified