Uploaded July 2024 | Updated September 2026, 2 weeks ago
BOOK REVIEW
THE DRINK- AND DRUG-DRIVE OFFENCES
A Handbook for Practitioners
Third Edition
By P M Callow
ISBN 978 0 85490 302 3
WILDY, SIMMONDS & HILL PUBLISHING
wildy.com
AN IMPORTANT UPDATED STATEMENT FOR CRIMINAL PRACTITIONERS IN THIS DEVELOPING AREA OF OFFENDING IN 2024
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
_____________________________________________________
The purpose of this book is to bring together the statutory provisions and the case law on the drink- and drug-drive offences. Wildy, Simmonds and Hill offer us advice in an accessible, practical way which author P M Callow describes as “elucidating issues which are often surprisingly difficult”.
The second edition of this handbook was published and updated in 2018 and has been further updated for 2024. The drug-driving offences have come into their own at this time, with the book adopting “a neutral standpoint” between the various interests of the police, prosecution or defence. These offences, originally introduced in 2015, now account for almost as many convictions as excess alcohol offences do. The conviction rate for both groups of offences continues to be extremely high, at approximately 95%.
The new third edition “takes account of some forty judgments of the appellate courts since the publication of the second edition”. As the author says, “the recent challenges to the drink- and drug- driving regimes have taken on a somewhat different character from before”. So, whilst the interpretation of the statutory road traffic provisions continues to be developed in our case law, other issues are coming to the fore with new cases.
Precedent on the circumstances in which judicial review is appropriate has also been drawn together. The line of developing cases often features contested decisions on adjournments which can be crucial for the development of a case. Common issues reviewed are lack of diligence in preparation for trial and/or failure by the court below properly to scrutinise the application for adjournment. In fact, all the usual problems practitioners face are covered here.
“Appeal courts”, says Callow, “have remained constant in insisting on “rigorous scrutiny” of requests for adjournments and have robustly applied the Criminal Procedure Rules (Crim PR) aimed at avoiding delay”. Delay being one of the biggest difficulties the court system currently faces in the middle of 2024.
In addition, judicial review has been increasingly used to challenge decisions of the lower courts; the case law on the circumstances in which this route is appropriate has been drawn together. The third edition offers commentary on the difficult cases of DPP v Carless [2005] and R v Coe [2009]. Both have been reviewed to emphasise that neither case sets a precedent for the admission in evidence of the analysis of blood specimens taken outside the regime of the 1988 Act.
It is right to say that this work remains a practical and accessible book. The author is always glad to hear from readers who have any comments to make or suggestions to offer concerning the content of the book. As with all Wildy books, this one goes to the heart of our practice is an invaluable addition to your law library.
The date of publication of the hardback second edition is cited as April 2024.
BOOK REVIEW
THE DRINK- AND DRUG-DRIVE OFFENCES
A Handbook for Practitioners
Third Edition
By P M Callow
ISBN 978 0 85490 302 3
WILDY, SIMMONDS & HILL PUBLISHING
wildy.com
AN IMPORTANT UPDATED STATEMENT FOR CRIMINAL PRACTITIONERS IN THIS DEVELOPING AREA OF OFFENDING IN 2024
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
_____________________________________________________
The purpose of this book is to bring together the statutory provisions and the case law on the drink- and drug-drive offences. Wildy, Simmonds and Hill offer us advice in an accessible, practical way which author P M Callow describes as “elucidating issues which are often surprisingly difficult”.
The second edition of this handbook was published and updated in 2018 and has been further updated for 2024. The drug-driving offences have come into their own at this time, with the book adopting “a neutral standpoint” between the various interests of the police, prosecution or defence. These offences, originally introduced in 2015, now account for almost as many convictions as excess alcohol offences do. The conviction rate for both groups of offences continues to be extremely high, at approximately 95%.
The new third edition “takes account of some forty judgments of the appellate courts since the publication of the second edition”. As the author says, “the recent challenges to the drink- and drug- driving regimes have taken on a somewhat different character from before”. So, whilst the interpretation of the statutory road traffic provisions continues to be developed in our case law, other issues are coming to the fore with new cases.
Precedent on the circumstances in which judicial review is appropriate has also been drawn together. The line of developing cases often features contested decisions on adjournments which can be crucial for the development of a case. Common issues reviewed are lack of diligence in preparation for trial and/or failure by the court below properly to scrutinise the application for adjournment. In fact, all the usual problems practitioners face are covered here.
“Appeal courts”, says Callow, “have remained constant in insisting on “rigorous scrutiny” of requests for adjournments and have robustly applied the Criminal Procedure Rules (Crim PR) aimed at avoiding delay”. Delay being one of the biggest difficulties the court system currently faces in the middle of 2024.
In addition, judicial review has been increasingly used to challenge decisions of the lower courts; the case law on the circumstances in which this route is appropriate has been drawn together. The third edition offers commentary on the difficult cases of DPP v Carless [2005] and R v Coe [2009]. Both have been reviewed to emphasise that neither case sets a precedent for the admission in evidence of the analysis of blood specimens taken outside the regime of the 1988 Act.
It is right to say that this work remains a practical and accessible book. The author is always glad to hear from readers who have any comments to make or suggestions to offer concerning the content of the book. As with all Wildy books, this one goes to the heart of our practice is an invaluable addition to your law library.
The date of publication of the hardback second edition is cited as April 2024.
