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Wilkinson's Road Traffic Offences
Wilkinson's Road Traffic Offences
28th Edition, Mainwork & 2nd Supplement
Practice Area:  Road Traffic
ISBN:  9780414069541
Published by:  Sweet & Maxwell
Publication Date:  31 Dec 2018
Format:  Hardback, eBook - ProView
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Wilkinson’s Road Traffic Offences covers all the criminal offences linked to motoring, including speeding, drink driving, dangerous driving, insurance violations, license violations, offences concerning the condition of vehicles, etc.

In addition to commentary relating to this range of offences, the title also includes definitions of motoring terms and court procedural information and instructions to guide practitioners through this area of the law from both a prosecution and defence perspective.

The 28th Edition is one volume containing the relevant case law and commentary, and is priced at £245 – a saving of almost 25% compared to the previous edition.

Key features include:

  • Sets out the basic principles and clarifies key terms, covering specific offences chapter-by-chapter ensuring relevant information is easy to find;
  • Renowned and authoritative author team led by General Editor Kevin McCormac;
  • Sets out the implications of recent legislative and case law developments;
  • Advises on everything from the everyday to the esoteric; and
  • One stop shop for road traffic lawyers, providing up-to-date and authoritative answers.

Coverage includes:

  • Brings the main work up to date to August 1, 2017.
  • Detailed coverage and analysis (Including a flow chart) of the important decision in R. v Needham [2016] regarding the application of the extension period to a driving disqualification where the offender also receives an immediate custodial sentence.
  • Detailed coverage of the important decision in R. v Hassani [2017] (where the Court affirmed and restated the decision of the Chief Magistrate and Senior District Judge in R v Cipriani [2016]) giving extensive guidance in relation to the conduct of drink drive cases including case management at the first hearing, disclosure, expert witnesses and challenging the reliability of breath machines.
  • Coverage of the changes to the Magistrates’ Courts Sentencing Guidelines and the new guidelines effective in 2017 including the guidance relating to driving whilst over the limit with drugs.
  • Detailed coverage of changes affecting the operation of the MIB scheme where a driver is uninsured or untraceable and of cases confirming the restriction on exclusions from insurance cover: Wastell v Woodward (Deceased) [2017]; R&S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd [2017]; and R&S Pilling (t/a Phoenix Engineering) v UK Insurance Ltd [2017] and Oldham BC v Sajjad [2016]
  • Full updating following the implementation of the Traffic Signs Regulations and General Directions 2016
  • Coverage of the effect of the developing changes in mutual recognition of driving disqualification.
  • In-depth commentary on latest case law: R. v Taylor [2016] (Supreme Court decision on fault where a driving accident resulted in death); R. v. Beech [2016] (disqualifying passengers and requiring them to take an extended test); R. v. Brandford [2016] (duress); R. v. G [2016] (extending the scope of the ‘slip rule’ in the Crown Court);. R. v. Hamlett [2015] (the importance of properly assessing value before ordering forfeiture of a motor vehicle).
  • Coverage of sentencing cases on causing death by dangerous driving including: R v Gard [2017]; R v Barker [2017].
  • Coverage of sentencing cases applying further the guidance in Dewdney [2015] and Hussain [2015] on causing serious injury by dangerous driving including Taylor [2016] and Bruziene [2017].
  • The availability of self-defence in relation to a charge of dangerous driving: R v Tracey Riddell [2017]
  • Coverage of sentencing case on causing death by careless driving when under the influence of drink or drugs: R v Jolly [2016].
  • Note of relevant changes in the Criminal Procedure Rules 2015 (as amended) and the Criminal Practice Directions.
  • Updating of Appendix 2 (Endorsement Codes) and changes regarding fixed penalty amounts

Editorial Board

Kevin McCormac, O.B.E., M.A. (General Editor) is a barrister, Judge of the First-tier Tribunal, and author of Archbold Magistrates’ Courts Criminal Practice. Wilkinson is also edited by Philip Brown, M.A., LL.B., solicitor and former Senior Traffic Commissioner; Nick Watson, O.B.E., LL.M., M.B.A., District Judge (Magistrates’ Courts); Peter Veits, District Judge (Magistrates’ Courts) and Joanna Woodhouse, LL.B. solicitor and Judge of the First-tier Tribunal

The second supplement to the 28th edition of Wilkinson’s Road Traffic Offences brings the main work up to date to October 1, 2018 and deals with the developments in road traffic law since the publication of the 28th edition in 2017.

Coverage includes:

  • A new Appendix setting out the law, relevant rules, directions and cases in relation to adjournment in magistrates’ courts, providing a useful quick reference to the busy practitioner.
  • In-depth commentary on latest case law including:
    • RoadPeace v Secretary of State for Transport [2017]—an important decision on the extent of legislation regarding insurance following the European Court of Justice’s decision in Vnuk v Zavarovalnica Triglav dd (C-162/13); also, Lewington v Motor Insurers’ Bureau [2017] contrasting a definition in the European Directive with that in UK legislation;
      o Dougall v CPS [2018]—appropriateness of permitting an amendment to provide for a summary offence in place of an indictable offence but after the six months’ time limit would have expired;
      o Begum v Luton B.C. [2018]—process for laying an information in the light of reduced presence of staff at court buildings; and
      o all other relevant recent cases.
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