Drug Driving in UK Law

Leading Cases
  • R v Knowles and Others
    • Court of Appeal (Criminal Division)
    • 05 février 2015

    It is true that the detention for public protection regime and the s.37/41 hospital order regime have features in common. In both cases regard is had in making the discretionary decision whether or not to release to danger. Under an order for detention for public protection release is dependent upon the responsible authority being satisfied that the defendant is no longer a danger to the public for any reason and principally not at risk of relapsing into dangerous crime.

    After referring to the evidence as to the regime that would be available if a hospital order was made, Hughes LJ continued:

    It is important to emphasise that the judge must carefully consider all the evidence in each case and not, as some of the early cases have suggested, feel circumscribed by the psychiatric opinions. There must always be sound reasons for departing from the usual course of imposing a penal sentence and the judge must set these out.

  • In Gallagher and Others for Judicial Review
    • Supreme Court
    • 30 janvier 2019

    Nor should it be couched in terms so vague or so general as to produce substantially the same effect in practice. The breadth of a measure and the absence of safeguards for the rights of individuals are relevant to its quality as law where the measure confers discretions, in terms or in practice, which make its effects insufficiently foreseeable.

  • R (on the application of W) v The Secretary of State for Justice
    • Queen's Bench Division (Administrative Court)
    • 08 juillet 2015

    Her statement also makes clear that the task of the Home Department and the Department of Justice was to come up with a workable scheme which was both sufficiently nuanced and sufficiently certain so that individuals would know what was protected from disclosure, and so that the DBS could be changed and certificates could still be issued automatically 4. At the financial year ending 31 March 2014 the DBS employed an average of 721 people and cost approximately £138.3m per annum 5.

  • Remi Akinyemi v The Secretary of State for the Home Department (No 2)
    • Court of Appeal (Civil Division)
    • 04 décembre 2019

    It is necessary to approach the public interest flexibly, recognising that there will be cases where the person's circumstances in the individual case reduce the legitimate and strong public interest in removal. The number of these cases will necessarily be very few i.e. they will be exceptional having regard to the legislation and the Rules.

  • R (on the application of SG and Others (previously JS and Others)) v Secretary of State for Work and Pensions
    • Supreme Court
    • 20 avril 2016

    That consideration is relevant to these appeals, since the question of proportionality involves controversial issues of social and economic policy, with major implications for public expenditure. The determination of those issues is pre-eminently the function of democratically elected institutions. It is therefore necessary for the court to give due weight to the considered assessment made by those institutions.

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Legislation
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Books & Journal Articles
  • The validity of self-reported convictions in a community sample: Findings from the Cambridge Study in Delinquent Development
    • Nbr. 12-5, September 2015
    • European Journal of Criminology
    Self-report surveys are among the most widely used methods of collecting data on delinquent behaviour, despite persistent concerns over systematic bias. Further investigation into this area is nece...
    ...... predicted subsequent convictions for property, violent, drug and driving offences. Users of self-report data need to take these ......
  • Community sanctions: Offenders’ perceptions about their appropriateness
    • Nbr. 13-2, August 2021
    • European Journal of Probation
    This study analyzed offenders’ perceptions about distinct sanctions and their adequacy for different crimes, checking if these ideas apply to their crime. We covered a total of 163 adult offenders ...
    ......Participants who committed driving or drug trafficking offenses were those that revealed congruence ......
  • The Role of Legal Coercion in the Treatment of Offenders with Alcohol and Heroin Problems*
    • Nbr. 30-2, August 1997
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    This article discusses the ethical justification for, and reviews the American evidence on the effectiveness of, treatment for alcohol and heroin dependence that is provided under legal coercion to...
    ...... is provided under legal coercion to offenders whose alcohol and drug dependence has contributed to the commission of the offence with which ... Thearticle focuses on legally coerced treatment for drink-driving offenders and heroin-dependent property offenders. It outlines the ......
  • Criminal Law Legislation Update
    • Nbr. 79-1, February 2015
    • Journal of Criminal Law, The
    ...... (RTA 1988) makes it an offence to drive whilst unfit through drink or drugs. While this offence has been in existence for many years, a common ... 2011, 41 per cent of prosecutions in the magistrates’ courts for driving whilst unfit through drugs were either dismissed or withdrawn for this ......
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Law Firm Commentaries
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