Robbie the Pict, R (on the application of) v Crown Prosecution Service [2009] EWHC 1176 (Admin) (24 April 2009)

Robbie the Pict, R (on the application of) v Crown Prosecution Service [2009] EWHC 1176 (Admin) (24 April 2009)

The statutory scheme under section 20 of the Road Traffic Offenders Act 1988 as amended requires that the description of a prescribed device be specified by statutory instrument, but the approval of the type of device may be given by the Secretary of State without a statutory instrument. The Gatsometer type 36 was lawfully approved and evidence from it was admissible.

Citation
[2009] EWHC 1176 (Admin)
Parties
Claimant: Robbie the Pict; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
24 April 2009
Procedural Posture
Judicial Review / Appeal by Way of Case Stated / High Court (administrative Court) Judgment on Appeal From Magistrates' Court
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Admissibility of Evidence, Road Traffic Offences, Approval of Devices, Separation of Powers
Criminal Law Administrative Law Statutory Interpretation Admissibility of Evidence Road Traffic Offences Approval of Devices Separation of Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Robbie the Pict

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Judicial Review / Appeal by Way of Case Stated / High Court (administrative Court) Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether the Gatsometer type 36 device was properly approved as a 'prescribed device' under section 20 of the Road Traffic Offenders Act 1988 as amended
  2. 2 Whether approval of the device required a statutory instrument laid before Parliament or could be by Secretary of State's published approval

Ratio Decidendi

The statutory scheme under section 20 of the Road Traffic Offenders Act 1988 as amended requires that the description of a prescribed device be specified by statutory instrument, but the approval of the type of device may be given by the Secretary of State without a statutory instrument. The Gatsometer type 36 was lawfully approved and evidence from it was admissible.

Court Disposition

Appeal dismissed

Orders

  • Order for costs in the sum of £100 against the claimant
  • Permission to appeal to the House of Lords refused