LAW - LEGAL ISSUES

Director of Public Prosecutions v Tick [1999]

Director of Public Prosecutions v Tick [1999]

1.Jane is charged by the CPS with driving while unfit through drink or drugs, contrary to s. 4 of the Road Traffic Act, 1988 (a summary offence). With reference to authority, explain the process the CPS will have gone through to decide on whether to charge Jane and explain the legal procedure to conclude Jane's case after charge.

ANSWER

In the cases of drug/drinking and intoxicated driving there are many scientific or medical evidences which have been exceeded from the defined limit allowed by the state, and the charge is done under the section 4, In this Case Jane has used drug and while driving she collided with sheep and had a serious accident. Firstly Cps should prove that the Jane's ability for driving was not normal as she used the drug, and her condition for driving was impaired; therefore, she could not drive the car properly. (Shacket, R. W. 1999 pp. 615-621)They can prove this by the evidence that driven car had an accident at the spot where normal driver would not have had an accident. (CPS 2007 pp.30-37) The condition of Jane while driving was not concentrating and she was not in position for driving properly. This condition for driving is not appropriate, and this can also help them in justifying that she was using the drug and driving a car. For proving that Jane used the drug, authority can use the breath test results for proving that Jane was driving after using drugs. The house of lords is the highest court in the United Kingdom, in this court the decisions of judiciary can be overruled. It can be overruled only by the refusal of the house in this case. According to the Act of appellate jurisdiction 1876 under which the house of lords was established as supreme court of legal appeal. (KELLY, G. 1723) The offence of Jane is very similar to the more common offence of being over the prescribed limit CPS need to prove that the driving of Jane is impaired, and the usage of drug over the prescribed limit is a serious offence. Therefore, she is guilty even if she is able to prove that her driving was perfect. In U.K. person is not fit for driving if the person has used alcoholic drink or drug. Therefore, it makes Jane Unfit for driving as she had used drugs before driving. Many of the decisions have turned back with the help of house of lords court. Most of the cases decisions were overturned after standing for the centuries. Currently the house of lords is the jurisdiction where mainly final appearance of the civil and criminal law takes place. House of lords court is not the supreme court for the Scottish jurisdiction as it appears in the ediburg only as a high court of justice.

2. When Jane's car spun off the road she hit a cyclist on the other side of the road, killing ...