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.

Sunday, January 15, 2012

In Charge

There is some confusion in the comments about Drunk In Charge on the previous thread.

It is quite common for a driver to be found asleep in his car, midway between the pub and his home, with the lights on and sometimes the engine running. It is pretty clear that he has been driving, but there is no hard evidence that he has done so, leaving DiC as the right charge. There is a statutory defence of having no intention to drive, and that is for the defendant to prove on the balance of probabilities (the civil standard). I wrote about one such here.