Croitoru v The Crown Prosecution Service

Croitoru v The Crown Prosecution Service

Section 20 of the 1970 Act excludes invalid carriages used in accordance with prescribed conditions from the definition of 'motor vehicle' for section 5 of the 1988 Act, but the appellant did not use the scooter in accordance with those conditions and thus could not rely on the exception.

Parties
Appellant: Silviu Croitoru; Respondent: The Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
11 February 2016
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated
Outcome
appeal dismissed
Legal Topics
Driving With Excess Alcohol, Definition of Motor Vehicle, Invalid Carriage, Statutory Exceptions
Criminal Law Statutory Interpretation Driving With Excess Alcohol Definition of Motor Vehicle Invalid Carriage Statutory Exceptions

Case Brief

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Parties

Silviu Croitoru

Appellant

The Crown Prosecution Service

Respondent

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated

Legal Issues

  1. 1 Whether section 20 of the Chronically Sick and Disabled Persons Act 1970 excludes the application of section 5 of the Road Traffic Act 1988 to invalid carriages used in accordance with prescribed conditions
  2. 2 Whether the appellant's use of the Motability scooter fell within the statutory exception

Ratio Decidendi

Section 20 of the 1970 Act excludes invalid carriages used in accordance with prescribed conditions from the definition of 'motor vehicle' for section 5 of the 1988 Act, but the appellant did not use the scooter in accordance with those conditions and thus could not rely on the exception.

Court Disposition

appeal dismissed

Orders

  • certified question answered in the negative
  • conviction upheld