QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF MICHAEL JOHN HATTON||Claimant|
|THE CHIEF CONSTABLE OF DEVON AND CORNWALL CONSTABULARY||Defendant|
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The Claimant appeared in person (with the aid of Litigation Friends, Mr John Hatton and Mr Michael Morgan)
The Defendant did not appear and was not represented
Crown Copyright ©
"Further to the above Notice of Intended Prosecution: I confirm that the following individual was driving the above vehicle at the time of the alleged motoring offence:
Driver's name Michael Hatton ..."
He gives his full address, his DVLA driver number and his date of birth, and he concludes with these words:
"This statement is provided under threat of criminal penalty [Funke v France] and as I have not received the caution required by paragraph 10.1 of PACE Code C [Mawdesley v the Chief Constable of Cheshire ...] I make this statement on the express understanding that it shall not be used or disclosed in any proceedings of whatever nature against myself."
"(1) Where on the summary trial in England and Wales of an information for an offence to which this subsection applies [it applies to speeding] —
(a) it is proved to the satisfaction of the court, on oath or in manner prescribed by rules ... that a requirement under section 172(2) of the Road Traffic Act 1988 to give information as to the identity of the driver of a particular vehicle on the particular occasion to which the information relates has been served on the accused by post, and
(b) a statement in writing is produced to the court purporting to be signed by the accused that the accused was the driver of that vehicle on that occasion,
the court may accept that statement as evidence that the accused was the driver of that vehicle on that occasion."