A defendant has been acquitted following a contested trial at Slough Magistrates’ Court, where they faced a charge of failure to provide the identity of a driver when lawfully required to do so.
The prosecution alleged that the defendant had failed to comply with a statutory request. The defence advanced the statutory defence of reasonable diligence, requiring the defendant to demonstrate, on the balance of probabilities, that all reasonable steps had been taken to identify the driver.
Through careful preparation and focused submissions, Tess McCarthy was able to establish that the elements of reasonable diligence were made out to the requisite legal standard. The Magistrates accepted the defence and returned a Not Guilty verdict.
Tess McCarthy appeared for the defence and was instructed by Ilyas Umarji of Caines Solicitors.
This outcome highlights the importance of meticulous case preparation and a clear understanding of statutory defences in summary proceedings.
