The Magistrate's Blog (2005-2012)

This blog has migrated to www.magistratesblog.blogspot.co.uk This blog is anonymous, and Bystander's views are his and his alone. Where his views differ from the letter of the law, he will enforce the letter of the law because that is what he has sworn to do. If you think that you can identify a particular case from one of the posts you are wrong. Enough facts are changed to preserve the truth of the tale but to disguise its exact source.

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Location: Near London, United Kingdom

The blog is written by a retired JP, with over 30 years' experience on the Bench.

Saturday, October 17, 2009

A Bit Odd

The Daily Mail reports the acquittal of a driver who seems to have advanced the defence that he was only using his mobile phone as a dictating machine rather than to make a call. I sat on a Crown Court appeal of a similar case last year and we were persuaded that 'using' a mobile is not just confined to making calls or sending texts; looking up numbers in the memory was also 'using' as would be recording a message. Any of the lawyers out there have a view?

(Usual caveat about the story - it was the Daily Mail so all may not be as it seems)