EDIT 2: https://www.judiciary.uk/wp-content/uploads/2019/07/19-07-31-DPP-v-Barreto-Ref.-CO2702019-Judgment.pdf
This is a case where they let the driver off while FILMING! because it wasnt a communication use of the phone.
Just to clarify, the case of Ramsey Barreto led to a change in the law.
Mr Barreto was caught using his mobile phone whilst driving. He was filming he scene of an accident as he drove past. At his trial in the Magistrates' Court he claimed that he had passed the phone to his son who carried out the filming. The court disbelieved him and he was convicted and then appealed to the Crown Court on the same basis.
At his appeal that court also disbelieved that his son had been using the phone. But Mr Barreto's lawyer drew to the attention of the court a recent decision of the Crown Court on an appeal against conviction for a similar offence. In that case the motorist, while driving, had been using his mobile phone to listen to music which was stored in the phone. He demonstrated how he changed the music tracks on his phone which he held in his hand, using his thumb. The issue was whether that conduct constituted using a mobile phone. The court ruled that it did not because it did not involve any external communication. The Crown Court sitting in Mr Barreto's appeal adopted the same reasoning in his case and concluded that using a mobile phone to take a photograph or film did not amount to “using” a hand-held mobile. Accordingly his conviction was quashed. This was entirely due to the wording of the law which said tha for the offence o be made out, the phone must be used "
..“making or receiving a call or performing any other interactive communication function.”. Filming using the phone did no match that requirement.
The DPP appealed to the High Court by way of a "case stated" claiming that the regulation prohibited all use of a hand-held mobile phone while driving. Mr Barreto claimed that it only prohibited activities which involved "interactive communication".
The High Court found in favour of Mr Barreto and his appeal was upheld.
That decision was handed down in July 2019 and in March 2022 the law was amended. It now prevents "using" a mobile phone for any purpose. The legislation provides a non-exhaustive list of activities considered o be "using" a phone and if there is any dispute on that question it would be for a court to decide whether the phone was being used or not.
