header-logo header-logo

15 April 2009 / B. Mahendra
Categories: Features
printer mail-detail

Doc Brief

News

Occasionally the law expects citizens to perform some act which, for reasons of illness or disorder, individuals may not be able to accomplish. This matter came up for adjudication when the Queen’s Bench Divisional Court took up a case stated from a decision of South Yorkshire justices in Piggott v Director of Public Prosecutions( 2008) The Times,10 March, [2008] All ER (D) 114 (Feb). The defendant had been required to produce a specimen of breath under s 7(1) of the Road Traffic Act 1988 (RTA 1988) which by s 7(6) makes it an offence to fail to do so without reasonable excuse. The defendant had made four attempts to produce a specimen but had failed to do so. Later, at trial, an expert in respiratory medicine had opined there had been a medical reason for this failure, namely that the defendant suffered from bronchial asthma and a hyperventilation syndrome. This opinion had been accepted by the justices. The issue was whether or not the defendant had informed the police officers involved whether she suffered a medical disability

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Burges Salmon—Benn Richards

Burges Salmon—Benn Richards

Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

NEWS
A child’s views can be taken into account during international child abduction proceedings, the Supreme Court has held
Small and medium-sized law firms have urged regulators to pause plans to exclude owner-managers from compliance officer roles
Lawyers have raised the alarm on employment tribunal delays and backlogs, with some cases facing a three-year wait for a hearing
The controversial assisted dying Bill has drawn to a halt after MPs defeated it by 286 votes to 270
MPs have called for legislation to protect against the human rights risks of artificial intelligence (AI)
back-to-top-scroll