Francis v Director Of Public Prosecutions

Francis v Director Of Public Prosecutions

The requirement to sign the section 172 notice is a reasonable and lawful requirement by the chief officer of police; failure to sign constitutes non-compliance with section 172(2) and is an offence under section 172(3). No caution was required under Code C as the request was pursuant to a statutory requirement.

Source-derived case information.

Parties
Appellant: Idris Richard Francis; Respondent: D. P. P.
Jurisdiction
England and Wales
Judgment Date
23 March 2004
Procedural Posture
Criminal Appeal (case Stated) / Judgment After Oral Argument
Outcome
appeal dismissed
Legal Topics
Failure to Provide Driver Information, Statutory Interpretation, Requirement for Signature, Admissibility of Evidence, Self Incrimination
Criminal Law Road Traffic Law Failure to Provide Driver Information Statutory Interpretation Requirement for Signature Admissibility of Evidence Self Incrimination

Source-derived case record

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Parties

Idris Richard Francis

Appellant

D. P. P.

Respondent

Procedural Posture

Criminal Appeal (case Stated) / Judgment After Oral Argument

Legal Issues

  1. 1 Whether failure to sign a section 172 notice constitutes an offence under section 172(3) of the Road Traffic Act 1988
  2. 2 Whether a chief officer of police can require a signature as part of the information to be provided under section 172(2)
  3. 3 Whether a caution was required under Code C of the Police and Criminal Evidence Act 1984

Ratio Decidendi

The requirement to sign the section 172 notice is a reasonable and lawful requirement by the chief officer of police; failure to sign constitutes non-compliance with section 172(2) and is an offence under section 172(3). No caution was required under Code C as the request was pursuant to a statutory requirement.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.