in an evidencebased policing approach, police officers and staffcreate, review and use the bestavailableevidence to inform and challengepolicies, practices and decisions.
definition of a highway - s.5 highways act 1835
a highway is a road, bridge, carriageway, cart-way, horseway, bridleway, footway, causeway, churchway or pavement
Drink driving - S.5 RTA 1988
It is an offence to drive or attempt to drive or be in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of in his breath, blood or urine exceeds the prescribed limit.
Unfit through drink or drugs - S.4 RTA 1988
it is an offence to drive or attempt to drive or be in charge of a mechanically propelled vehicle on a road or other public place whilst unfit to drive through drink or drugs.
Power of entry following injury RTC - S.6E(1) RTA 1988
Where a constable reasonably suspects the accident involved the injury of any person:
They may enter any place (by reasonable force if necessary) for the purpose of -
Requiring a preliminary test
To arrest after a positive breath or drug test
To arrest after failure or refusal to provide a breath test (must suspect alcohol or drugs)
Lighting fires on or over a highway, discharging firearm or firework - S.161 Highways act 1980
If a person without lawful authority or excuse
a.) Lights any fire on or over a highway which consists of or comprises a carriageway, or
b.) Discharges any firearm or firework within 50 feet of the centre of such a highway,
And in consequence a user of the highway is injured, interrupted, or endangered, that person is guilty of an offence.
Defining evidence
Evidence is information that may be presented to a court or tribunal in order that it may decide some fact before it.
Reportable accidents - S.170 RTA 1988
owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which -
a.) personal injury is caused to a person other than the driver of that mechanicallypropelledvehicle or,
b.) damage is caused -
i.) to a vehicle other than that mechanically propelled vehicle or a trailer being drawn by that mechanically propelled vehicle.
OR
ii.) to an animal other than an animal in or on that mechanically propelled vehicle, or a trailer drawn by that mechanically propelled vehicle
OR
iii.) to any propertyconstructed on, fixed to, growing in or otherwise forming part of the land in which the road or place in question is situated and land adjacent to such land.