Director Of Public Prosecutions v Kelsey Christina Ridings
[2024] EWHC 498 (Admin)
Mariela Anastassova, R (on the application of) v Northampton Magistrates Court
27 June 2023
[2023] EWHC 1586 (Admin)
High Court
Someone got a DUI, but the court argued about whether the place it happened was public or private. A higher court agreed to review the case and will move the case to a better court.
Key Facts
- •Claimant convicted on 6 November 2022 for driving with excess alcohol.
- •Magistrates refused to state a case on 27 November 2022.
- •Conviction concerned whether the incident location (Vancouver Close, Corby) was a 'road or other public place' under s.5(1)(a) Road Traffic Act 1988.
- •Evidence included testimony from a taxi driver and a police officer, and a Google Maps photograph.
- •Magistrates found Vancouver Close had hallmarks of a public road with unrestricted access.
- •Claimant argued the conviction was unsafe due to insufficient evidence of public use beyond residents and visitors.
Legal Principles
Whether a location is a 'road or other public place' under s.5(1)(a) Road Traffic Act 1988 is a question of fact and degree, but sufficiency of evidence and findings can raise a question of law.
Various cases cited, including Vivier [1991] RTR 205.
The statutory test is public 'access', not a particular level of public 'use'.
Judge's own reasoning.
Evidence of actual use by the public (beyond residents or visitors) may be crucial, especially in ambiguous cases (car parks, yards etc.). However, a 'street' may be public on its face.
Hallett v DPP [2011] EWHC 488 (Admin); Deacon v AT [1976] RTR 244; Harriot v DPP [2005] EWHC 965 (Admin); R v Bogdal [2008] EWCA Crim 1.
Outcomes
Permission for judicial review granted.
The claim is arguable, though not enthusiastically supported. The judge highlighted several points suggesting the magistrates' decision may be flawed but acknowledged opposing arguments.
'Minded to transfer order' made to transfer the case to the Administrative Court in Birmingham.
The claim was incorrectly filed in London; Birmingham is the appropriate venue.
Similar Cases
Simon Wiltshire, R (on the application of) v Crown Court at Bristol
[2023] EWHC 2879 (Admin)
Kevin Charles Godin-Prior, R (on the application of) v Secretary Of State For Transport & Anor
[2023] EWHC 621 (Admin)
Ben Whitehead v Westminster Magistrates' Court
[2024] EWHC 2868 (Admin)
Darryl Cleugh, R (on the application of) v North Tyneside Council
[2023] EWHC 374 (Admin)