Practice and Procedure

R V ANDREW DRUMMOND (2002)

PUBLISHED March 7, 2002
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[2002] EWCA Crim 527

The legislative interference with the presumption of innocence in s.15 Road Traffic Offenders Act 1988, where the burden of proof was on the defendant to prove that he had consumed alcohol after the offence but before providing a specimen, amounted to an imposition of a persuasive burden on the defendant which was justified and was no greater than necessary. * Application for leave to appeal to the House of Lords pending.

CA (Crim Div) (Longmore LJ, Johnson J, Sir Rhys Davies QC)

07/03/2002

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