Milton v Crown Prosecution Service

Milton v Crown Prosecution Service

Section 2A(3) of the Road Traffic Act 1988 requires the fact-finder to consider any circumstances within the knowledge of the accused, including exceptional driving skills, when applying the objective test for dangerous driving. The district judge erred in law by excluding the appellant’s advanced driving skills from consideration and by relying on a White Paper rather than the statutory language. The matter is remitted for reconsideration in light of this construction.

Parties
Claimant: Mark Scott Milton; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
16 March 2007
Procedural Posture
Criminal Appeal (case Stated) / Appeal From Magistrates’ Court Conviction, Remitted for Reconsideration
Outcome
Appeal allowed; conviction set aside; case remitted for reconsideration by the district judge in light of this judgment.
Legal Topics
Dangerous Driving, Statutory Interpretation, Objective Test, Personal Circumstances in Criminal Liability
Criminal Law Road Traffic Law Dangerous Driving Statutory Interpretation Objective Test Personal Circumstances in Criminal Liability

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Parties

Mark Scott Milton

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Criminal Appeal (case Stated) / Appeal From Magistrates’ Court Conviction, Remitted for Reconsideration

Legal Issues

  1. 1 Whether a driver's personal advanced driving skills are a 'circumstance' to be considered under section 2A(3) of the Road Traffic Act 1988 when determining dangerous driving
  2. 2 Whether the district judge erred in law by excluding the appellant’s advanced driving skills from consideration
  3. 3 Whether reliance on a government White Paper for statutory interpretation was appropriate

Ratio Decidendi

Section 2A(3) of the Road Traffic Act 1988 requires the fact-finder to consider any circumstances within the knowledge of the accused, including exceptional driving skills, when applying the objective test for dangerous driving. The district judge erred in law by excluding the appellant’s advanced driving skills from consideration and by relying on a White Paper rather than the statutory language. The matter is remitted for reconsideration in light of this construction.

Court Disposition

Appeal allowed; conviction set aside; case remitted for reconsideration by the district judge in light of this judgment.

Orders

  • District judge to reconsider the issue of dangerousness, taking into account the appellant’s advanced driving skills as a relevant circumstance under section 2A(3) of the Road Traffic Act 1988.
  • No complete rehearing required; further evidence may be heard as to the implications of Grade 1 advanced driver status.