Director of Public Prosecutions v Barker

Director of Public Prosecutions v Barker

The burden falls on the defendant to prove entitlement to the statutory exemption under section 37(3); absence of evidence means conviction must follow once driving and disqualification are established.

Parties
Claimant: Director of Public Prosecutions; Defendant: Martin Barker
Jurisdiction
England and Wales
Judgment Date
19 October 2004
Procedural Posture
Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Driving Whilst Disqualified, Burden of Proof, Provisional Driving Licence, Statutory Exemptions
Criminal Law Road Traffic Law Driving Whilst Disqualified Burden of Proof Provisional Driving Licence Statutory Exemptions

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 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Director of Public Prosecutions

Claimant

Martin Barker

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the prosecution must prove the defendant was not driving in accordance with the exemption provided by section 37(3) of the Road Traffic Offenders Act 1988
  2. 2 Whether the burden of proof falls on the defendant to establish entitlement to the statutory exemption

Ratio Decidendi

The burden falls on the defendant to prove entitlement to the statutory exemption under section 37(3); absence of evidence means conviction must follow once driving and disqualification are established.

Court Disposition

appeal allowed

Orders

  • Matter sent back to Justices with direction to convict the respondent on the charge faced