Traves, R (on the application of) v Director of Public Prosecutions

Traves, R (on the application of) v Director of Public Prosecutions

The justices were entitled to find that the claimant was 'driving' by controlling the vehicle's brakes and steering while being towed, but erred in law by allowing the prosecution to adduce further evidence of disqualification after retiring to consider their verdict, absent special circumstances.

Parties
Claimant: Andrew Daniel Traves; Respondent: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
30 June 2005
Procedural Posture
Judicial Review / Appeal (case Stated) / Judgment on Appeal by Way of Case Stated
Outcome
Appeal allowed in part; conviction for driving while disqualified quashed on technical grounds; other convictions upheld.
Legal Topics
Driving While Disqualified, Admissibility of Evidence After Retirement, Meaning of 'driving' Under Road Traffic Act, Procedure in Magistrates' Courts
Criminal Law Road Traffic Law Procedural Law Driving While Disqualified Admissibility of Evidence After Retirement Meaning of 'driving' Under Road Traffic Act Procedure in Magistrates' Courts

Case Brief

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Parties

Andrew Daniel Traves

Claimant

Director of Public Prosecutions

Respondent

Procedural Posture

Judicial Review / Appeal (case Stated) / Judgment on Appeal by Way of Case Stated

Legal Issues

  1. 1 Whether being in control of a towed vehicle constitutes 'driving' under the Road Traffic Act 1988
  2. 2 Whether justices may allow prosecution to adduce further evidence after retiring to consider their verdict

Ratio Decidendi

The justices were entitled to find that the claimant was 'driving' by controlling the vehicle's brakes and steering while being towed, but erred in law by allowing the prosecution to adduce further evidence of disqualification after retiring to consider their verdict, absent special circumstances.

Court Disposition

Appeal allowed in part; conviction for driving while disqualified quashed on technical grounds; other convictions upheld.

Orders

  • Conviction for driving while disqualified quashed.
  • Convictions for driving without insurance and using a motor vehicle without a current test certificate upheld.