Drink-drive convictions 'flawed'
Saturday 11 July 1992
Last month the High Court said that the wording used in charging a man with failing to take a breathalyser test had been 'duplicitous'. This form of words has been used by prosecutors since 1967, since when between 125,000 and 200,000 motorists have been convicted, according to Sean Sexton, the Liverpool solicitor who spotted the loophole.
CPS lawyers hope the courts will only permit challenges by people convicted within the past 28 days. If all those charged since 1967 can appeal, the cost to the Treasury would run to millions.
In the test case, Terry Corkoran, 43, of Liverpool, was charged in the standard way with 'failing without reasonable cause to provide a specimen of breath for analysis in the course of an investigation under section four or five of the Road Traffic Act'.
Mr Corkoran challenged the prosecution on the basis that the charge sheet failed to specify which section was relevant, that he was driving a car, or was in charge of it.
Mr Corkoran, who said he had not been driving the car, persuaded magistrates and then the High Court that he had been charged with two separate offences on the same sheet, violating the rule against duplicity.
The CPS was refused leave to appeal but could have petitioned the House of Lords within 14 days. It has failed to do so, effectively conceding the case.
Many of the convicted motorists were fined and some lost their jobs, opening the way for compensation claims.
Culinary experts in The Netherlands thought it was 'fresh' and 'tasty'
- 1 Marijuana use by teenagers does not result in a lower IQ or worse exam results, study finds
- 2 Watch what happened when food critics were unknowingly served McDonald's
- 3 Jimmy Carr's controversial Oscar Pistorius joke goes too far at the Q Awards
- 4 Australian café owner sparks debate after saying 'No' to having unruly children on premises
- 5 NHS staff banned from drinking tea or coffee on the job because it looks like they're not working hard enough
Renee Zellweger on plastic surgery: 'I'm living a more fulfilling life and I'm thrilled that perhaps it shows'
Kim Jong-un 'purge': Six North Korea officials missing for weeks 'may have been executed'
Diwali: What is the festival of lights – and how is it celebrated around the world?
Nathan Cirillo: Final pictures emerge of soldier moments before he was shot dead by Ottowa gunman
Jimmy Carr's controversial Oscar Pistorius joke goes too far at the Q Awards
Cameron is warned 'no possibility' of UK reducing immigration and that bid to bring in quota on migrant workers would be illegal
Of course, teenage girls need role models – but not like beauty vlogger Zoella
Support for EU membership 'at highest level since 1991' with most Brits wanting to stay 'in'
Thousands with degenerative conditions classified as 'fit to work in future' – despite no possibility of improvement
Residents should throw a street party and mix with immigrant neighbours, councils told
Russell Brand threatened with arrest after filming outside Fox News headquarters
£300 Per Annum: Clearwater People Solutions Ltd: SSRS Report Developer – 3 Mon...
£95 - £150 per day: Randstad Education Birmingham: Key Stage 1 teacher require...
£32000 - £39000 per annum + benefits + bonus: Ashdown Group: Generalist HR Man...
£18000 - £30000 per annum + uncapped: SThree: Do you feel like your sales role...