Courts of Summary Jurisdiction
| Date | 01 January 1961 |
| Published date | 01 January 1961 |
| DOI | 10.1177/002201836102500101 |
| Subject Matter | Article |
The
Journal
of
Criminal Law'
VOL.
xxv.
No. 1
JANUARy-MARCH,
1961
Courts
of
Summary Jurisdiction
POLICE
DRIVER CHARGED
WITH
DANGEROUS
DRIVING:
DEFENCE
OF EMERGENCY CALL
ONzoth September, 1960, Derrick Matthews, aconstable
of
the
Metropolitan Police, was charged before
Mr.
Frank J. Powell, Metropolitan Magistrate, with driving a
police car in
the
Camden Road on 6th July, 196o, in a manner
which was dangerous to
the
public, with driving at
the
same
time and place without due care and attention, and with
failing to conform with automatic traffic signs.
Thomas
Rundle said he was driving an Austin car north in
York Way. At
the
junction of Camden Road the lights were
green and he entered
the
crossing at about 15 miles per hour.
When
in the middle,
the
amber came up and at
the
same time
a police car travelling
north
in
the
Camden Road struck his
car on the near side.
Rundle admitted
that
he made astatement to a police
constable in uniform
but
denied
that
he said
"As
I got to the
lights, they changed to amber and it was impossible to stop".
The
lights were still green when he entered
the
crossing.
Peter Genis stated
that
he was driving up
the
Camden
Road and had stopped at
the
lights. He heard the sound of a
police gong behind him and saw a police car approaching very
fast.
The
traffic lights were still at red against the police car.
He
then
looked into York Way on his right and saw the Austin
car entering the junction.
The
police car braked and the back
wheels lifted off the road
but
a collision was inevitable.
Matthews, giving evidence on his own behalf, said he was
the
driver of a police car and he and his colleagues were
answering a call to a cinema where two officers were in
difficulties with a crowd of youths. As he approached the
lights he slowed down to about fifteen miles per hour,
but
when
fifteen to twenty yards away
the
lights changed to red and
I
l-eL
2
THE
JOURNAL
OF
CRIMINAL
LAW
amber. At
that
point he had still
not
passed
the
lights and
did
so only when the green appeared. He
then
found
the
Austin in his
path
and could not avoid it.
The
gong was being
sounded all
the
time.
The
other officers in
the
police car gave
similar evidence.
The
Magistrate asked:
"Has
the fact that
the
officer was
on an emergency call any relevance to a charge of dangerous
driving?"
Counsel for
the
prosecution replied:
"Not
at all except
that
section
II
of
the
Road Traffic Act, 1930 says
that
the
manner of the driving
must
be "having regard to all
the
cir-
cumstances of
the
case".
The
Magistrate:
"Suppose
the police car is chasing a
murderer and
the
police car goes over the red light, is the
driver guilty of an offence?"
Counsel:
"That
would go to mitigation
but
would
not
alter
the
manner of his driving".
The
Magistrate:
"Suppose
adoctor receives an urgent
call to go to a patient
and
he passes a sign or exceeds
the
speed
limit, has he committed an offence?"
Counsel:"Yes. Circumstances would
not
alter
the
fact
that
he had committed an offence otherwise
the
police could
always pass a red light with impunity."
The
Magistrate:
"I
heard
Lord
Hewart say on one
occasion
'an
act is always to be excused if it is done for
the
purpose of saving
human
life'."
Counsel:
"If
in passing a red light a police driver runs
into a vehicle with
the
right of way, he cannot rely
upon
that
proposition".
In
giving
judgment
Mr.
Powell said the case was
not
a
simple one.
There
was a clear conflict of evidence.
Two
private witnesses said
the
lights were red against
the
police
car.
The
occupants of
the
police car said they had
just
changed
to green in their favour.
He
thought they were
just
as likely to
be right as
the
private witnesses and the evidence for the
prosecution was
not
beyond reasonable doubt. Both
Mr.
Rundle and
Mr.
Genis were very good witnesses
but
so were
the police officers
and
everything
turned
upon
what had
happened in a split second.
It
was difficult to understand why
the
driver of
the
Austin had
not
heard the police gong
and
had
not
slowed up.
He knew
that
in Ward v. London County Council (1938, 2
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