Robbie the Pict, R (on the application of) v Crown Prosecution Service

Robbie the Pict, R (on the application of) v Crown Prosecution Service

Section 20 of the Road Traffic Offenders Act 1988 requires a description of device to be specified by statutory instrument and type approval by the Secretary of State; both requirements were satisfied for the Gatsometer type 36 device.

Parties
Claimant: Robbie the Pict; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
24 April 2009
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Admissibility of Evidence, Road Traffic Offences
Criminal Law Administrative Law Statutory Interpretation Admissibility of Evidence Road Traffic Offences

Case Brief

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Parties

Robbie the Pict

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether the Gatsometer type 36 device was an approved device in accordance with section 20 of the Road Traffic Offenders Act 1988 as amended

Ratio Decidendi

Section 20 of the Road Traffic Offenders Act 1988 requires a description of device to be specified by statutory instrument and type approval by the Secretary of State; both requirements were satisfied for the Gatsometer type 36 device.

Court Disposition

Appeal dismissed

Orders

  • Order for costs of £100 in favour of the Crown Prosecution Service
  • Permission to appeal to House of Lords declined