Director of Public Prosecutions v Hay

Prosecution need not prove police requested production of documents; once driving is proved, burden shifts to defendant to show licence and insurance. Obligation to report accident to police is not negated by police presence or lack of request for information.

Parties: Claimant: Director of Public Prosecutions; Defendant: Michael Richard Hay
Jurisdiction: England and Wales
Judgment Date: 13 June 2005
Procedural Posture: Criminal Appeal by Way of Case Stated / Judgment on Appeal
Outcome: Dismissal of licence, insurance, and reporting charges set aside; case remitted for trial of licence and insurance charges; order to convict respondent of section 170(3) offence.
Legal Topics: Driving Without Licence, Driving Without Insurance, Failure to Report Accident, Burden of Proof

Criminal Law Road Traffic Law Driving Without Licence Driving Without Insurance Failure to Report Accident Burden of Proof

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Michael Richard Hay

Defendant

Procedural Posture

Criminal Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

1 Whether failure by police to issue Form HO/RT/1 is fatal to prosecution for driving without licence and insurance
2 Whether driver satisfies requirements to stop, exchange details, and report accident when police are present and driver is taken to hospital

Ratio Decidendi

Court Disposition

Dismissal of licence, insurance, and reporting charges set aside; case remitted for trial of licence and insurance charges; order to convict respondent of section 170(3) offence.

Orders

Justices to continue trial of licence and insurance charges.
Justices to convict respondent of section 170(3) offence.