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The Flame Pit / Re: The Yellow Box Guru meets The Greek Doctor. Bus Lane advice for London tickets.
« on: Yesterday at 11:10:37 pm »
This legislation cited appears to have been lifted wholesale from s. 20(8 ) Road traffic Offenders Act 1988. This was the subject of an appeal to the Divisional Court by the DPP in DPP v Thornley [2006] EWHC 312 (Admin)
In Thornley the inferior court found that failure to disclose the certificate 7 days in advance rendered the evidence, given by the operator as a live witness inadmissible, but the Divisional Court held that ss(8 ) only negated admissibility under s. 20(1) or (6) and did not preclude the evidence being given in the normal way (by a live witness under oath or affirmation.
As an aside, Owen J royally laid into the DPP's counsel for not doing his homework before presenting what the DPP's arguments should have been himself - the applicability of the same identical provision in a drink driving case.
The fact that the authorised representative required the attendance of the witness and the witness CBA to turn up, suggests that in this case there was no alternative admissibility.
In Thornley the inferior court found that failure to disclose the certificate 7 days in advance rendered the evidence, given by the operator as a live witness inadmissible, but the Divisional Court held that ss(8 ) only negated admissibility under s. 20(1) or (6) and did not preclude the evidence being given in the normal way (by a live witness under oath or affirmation.
As an aside, Owen J royally laid into the DPP's counsel for not doing his homework before presenting what the DPP's arguments should have been himself - the applicability of the same identical provision in a drink driving case.
The fact that the authorised representative required the attendance of the witness and the witness CBA to turn up, suggests that in this case there was no alternative admissibility.