Divisional Court Cases
| Date | 01 October 1961 |
| Published date | 01 October 1961 |
| DOI | 10.1177/002201836102500404 |
| Subject Matter | Article |
Divisional Court Cases
NOTICE OF INTENDED PROSECUTION: ONUS OF PROOF
Sanders v. Scott
EVER since the enactmentof s. 21 of the Road T rafficAct 1930
(now s. 241 of the Road Traffic Act 1960)in
the
case of a
number
of road traffic offencesit has been acondition precedent
to the hearing of the charge that eitherwarning of the intended
prosecution shall be given at the time of the alleged offence or
the
summons served within 14 days thereof or within this
period notice of
the
intended prosecution shall be served on
or sent by registered post either to
the
driver or to the regis-
tered owner. Subsec. (4) of s. 241 specifies the circumstances
in which compliance with these requirements is excused. By
subsec. (3) of s. 241
the
requirements in
question-
"shall in every case be deemed to have been complied
with unless and until the contrary is proved".
The
presentcase(1961 2 W.L.R.864)showsthatin attempt-
ing to discharge this onus it is not enough for the defence to
produce evidence giving rise to a reasonable suspicion
that
the
prosecutor has
not
taken
the
requisite steps
but
the
defence
must
strictly discharge the onus by positive evidence of
non-compliance.
The
present proceedingsarose on a case stated by Blackpool
justices who had dismissed an information against the defend-
ant
for driving in a manner dangerous to the public contrary
to s. 2 (1) of the Road Traffic Act, 1960.
The
facts found by
the justices were that the events giving rise to
the
information
had occurred on the
zoth
July 1960. At
that
time the defendant
was driving amotor vehicle of which he was
not
the
registered
owner.
On
the
5th
August 1960
the
prosecutor was aware of
the
driver's identity and of his permanent address.
The
defendant gave evidence
that
he received no warning
of
intended prosecution at
the
time of
the
alleged offence
nor
was
any notice thereof served
upon
him or sent to
him
within 14
256
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