What are the Defences to a s172 RTA1988 Notice

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Course Overview

The consequences of conviction for the client include 6 penalty points. For some, that means they become totters and are liable to disqualification. Defending these cases is not straightforward. “I didn’t get the s172 notice” is often no answer to the summons.

Aimed at advocates new to court, those who prepare cases for trial and those seeking a refresher on the law this course will consider the following:

  • When can such a notice be served?
  • The ingredients the prosecution must prove under s172
  • Proving service
  • The two statutory defences
  • The burden of proof on the defendant
  • Useful case law
  • Consequences of conviction

What are the requirements?

  • This course provides 0.5 – 1 CPD point (depending on length of time spent considering the discussion questions and completing the evaluation form)
  • Watch 20 minute recorded webinar, including reference notes, discussion questions and optional evaluation form to test your legal knowledge

Learning Outcomes

  • On completion of this course you will: Be able to identify weaknesses in the prosecution case Understand what evidence needs to be adduced to found a defence Be able to identify red herrings Recognise if you have discharged the burden of proof upon you Know what to argue in your closing speech

What is the target audience?

  • This course will be suitable for all levels of Magistrates’ Court advocate, both prosecution and defence

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About Instructor - Olwen Davies

Admitted in 1990, Olwen is freelance solicitor-advocate with extensive experience in both defence and prosecution work from the magistrates' court to the Court of Appeal. Olwen has lectured at post- graduate level and has presented many CPD courses for the legal profession, the police, Health and Safety Executive and others. Olwen is the co-author of Jordan's Criminal Practitioners Guide to the Criminal Justice Act 2003 and is an avid supporter of Save UK Justice and the campaign to stop cuts to legal aid and the criminal justice system.

Course Curriculum

Recorded Webinars

  • Webinar
    00:24:24

Documentation

  • Discussion Questions
    1 Page
  • Slides
    47 Page

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