QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE PENRY-DAVEY
|DIRECTOR OF PUBLIC PROSECUTIONS||(DEFENDANT)|
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(Official Shorthand Writers to the Court)
MR K BARKER (instructed by the Crown Prosecution Service) appeared on behalf of the DEFENDANT
Crown Copyright ©
"Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies --
(a) the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give by or on behalf of the Chief Officer of Police; and
(b) any other person shall, if required as stated above, give any information which it is in his power to give and may lead to identification of the driver."
Subsection (3) is in the following terms:
"Subject to the following provisions, a person who fails to comply with a requirement under subsection (2) above shall be guilty of an offence."
"Did the Justices receive admissible evidence that a requirement was made of Mr Horner to give information as to the identity of the driver of the vehicle at the relevant time by or on behalf of the Chief Officer of Police and that he failed to do so?"
"Did we receive admissible evidence such as to entitle us to be sure that Mr Horner was the keeper of the vehicle at the relevant time?"
That was, in substance, the issue with which the trial had been concerned and to which cross-examination appears to have been directed. However, following the drafting of the case, representations were made by letter on a number of occasions on behalf of the appellant that the case should be amended by the Justices, effectively to contain the question and information relating to it that I set out at the commencement of this judgment. That invitation, with the exception of one small amendment that was permitted, was resisted and the case in the final form was as I have indicated.