Practice and Procedure

R (on the application of DIRECTOR OF PUBLIC PROSECUTIONS) v BOLTON (2009)

PUBLISHED June 4, 2009

[2009] EWHC 1502 (Admin)

Magistrates who had found an accused not guilty of driving with excess alcohol on the basis that the defence in the Road Traffic Offenders Act 1988 s.15(3) had been made out by his evidence alone had erred in their decision. An accused had to make out his case against a background of scientific evidence, failing which a conviction would have to be entered against him. The case was remitted to enable him to do so.

QBD (Admin) (Calvert Smith J)