Legaleagle Training
DRINK, DRUGS AND THE DRIVER IN 2023 – FRIDAY 13TH OCTOBER 2023 – 16:00 – 17.00: - COST - £75 + VAT
This 1-hour ZOOM presentation by Colin Beaumont will be of benefit to anyone involved in advising clients in this somewhat tricky area of law.
You might be advising as the Court Duty Solicitor, or with an Own Client at the Magistrates’ Court or the Crown Court or you might be advising this client in the office
It will be accompanied by a full set of notes.
DON’T WORRY IF YOU CANNOT ATTEND THE ACTUAL PRESENTATION (OR NEVER INTENDED TO ATTEND) – YOU WILL STILL GET THE FULL SET OF NOTES AND THE RECORDING WHICH YOU CAN SAVE TO A DEVICE OR WATCH AT YOUR LEISURE FROM THE LINK OR AT ANY TIME ON OUR YouTube CHANNEL
Anyone wishing to attend the session (or wishing to have the full set of notes and the recording afterwards without ever attending) should simply click here: mailto: colin@thelegaleagle.org or ring me (or send me a text) – (07887) 842985 and book a place.
The following 20 areas will be considered:
1 – Sections 4 – 7A of the Road Traffic Act 1988 (these are the Sections dealing with the summary offences in relation to both alcohol and drugs – ‘driving’, ‘attempting to drive’ and ‘in charge’)
2 – The institution of proceedings – an examination of Section 127 of the Magistrates’ Courts Act 1980 and Rule 7 of The Criminal Procedure Rules 2020 (as amended) – Also the very important High Court decision of James William Brown
3 – An examination of the offence of ‘Causing death by careless driving when under the influence of drink or drugs’ including the legal position where the defendant will not provide a specimen or will not permit the laboratory testing of a specimen
4 – Increase in penalty in relation to ‘Causing death by careless driving when under the influence of drink or drugs’ as a result of the Police, Crime, Sentencing and Courts Act 2022 – has it affected the release terms of someone given a sentence of 4 years or more at the Crown Court? – The new Guidelines from The Sentencing Council will form part of the notes
5 – Those road traffic clients you have a duty to see in the Court Foyer as the Court Duty Solicitor under your Contract – It is at your discretion as to whether you offer advice and assistance or both advice and assistance and advocacy assistance – Section 10 of your 2022 Standard Crime Contract Specification document – the document will be provided in full as part of your notes
6 – Be very careful how you frame your agreement as to costs when dealing with a private paying client – Costs recoverable if you win your case in the Magistrates’ Court or you win your case on an appeal at the Crown Court or you win your case which is a matter on indictment at the Crown Court – Important documents published by the Ministry of Justice will be included in your notes as well as Section 16 of the Prosecution of Offences Act 1985 – Get this wrong and you might have a very unhappy client on your hands!
7 – The Statutory Assumption under Section 15 of the Road Traffic Offenders Act 1988 and a consideration of the so-called ‘hip flask defence’
8 – Statutory Declarations and re-openings in this area – The relevant Sections from the legislation and Rule 44 the Criminal Procedure Rules 2020 (as amended)
9 – Is the client’s attendance at Court absolutely necessary? – Legislation and case-law in this area
10 – Disqualifications – Both obligatory and discretionary under the Road Traffic Offenders Act 1988
11 – Experts and their reports – Rule 19 of The Criminal Procedure Rules 2020 (as amended and Chapter 7 of The Criminal Practice Directions 2023 – These documents will form part of your notes
12 – An examination of the law in relation to Special Reasons – The 1958 case of R v Wickins
13 – The client’s licence (or record) to be endorsed with no fewer than 3 penalty points and no more than 11 penalty points – The circumstances in which this may arise in a drink driving case – Don’t be caught out by this trap
14 – The new Guidelines published by the Sentencing Council in relation to ‘driving’ or ‘attempting to drive’ (drugs) with effect from 1st July 2023
15 – The new Guidelines published by the Sentencing Council in relation to ‘in charge’ (drugs) with effect from 1st July 2023
16 – The relevance of the former ‘Guidance’ published by the Sentencing Council (November 2016)
17 – The 2 Schedules containing the permissible levels of drugs when ‘driving’, ‘attempting to drive’ or being ‘in charge’ of a motor vehicle – The relevant Statutory Instruments will form part of your notes
18 – Adjournment for Special Reasons or adjournment for a Newton hearing? – the very important decision of Goldsmith – Also the very important case of Navarro and the City of London Magistrates’ Court dealing with the issue of who bears the burden in a Newton hearing and the extent to which that burden must be discharged
19 – Disqualification until re-test under Section 36 of the Road Traffic Offenders Act 1988 – What does it mean in practice!
20 – Be careful with the Road traffic (New Drivers) Act 1995 in this area
It will be a 1- hour live and interactive session conducted via ZOOM. There is absolutely no requirement for any attendee to have purchased ZOOM. We just send you an email and you click on the link. It could not be simpler.
IMPORTANT
PLEASE LET US KNOW THE EMAIL ADDRESS OF THE PERSON TO WHOM WE SHOULD SEND THE INVOICE IF IT IS TO SOMEONE OTHER THAN YOURSELF
Invoices will be sent after the presentation and our normal terms of business apply i.e. PAYMENT WITHIN 14 DAYS – the cost for each person attending or purchasing the recording is £75 – if you have attended the presentation there will be no additional charge for a copy of the recording