AC-2025-LON-000004 - [2025] EWHC 2798 (Admin)

Fecha: 28-Oct-2025

Introduction

Introduction

This is an appeal by way of case stated against the decision of the Cheltenham Magistrates to acquit the Respondent, Mr Denis Micura, of two charges. The appeal is only against the decision on one of the charges

The Appellant was represented by Mr Jarvis KC. Mr Micura appeared as a litigant in person.

On 25 June 2024, Mr Micura was sent a Single Justice Procedure notice charging him with two summary-only motoring offences, namely:

(a)

Charge 1 – Driving, stopping or causing to remain at rest a motor vehicle drawing a trailer in the offside lane of a motorway, contrary to regulation 12(2) of the Motorways Traffic (England and Wales) Regulations 1982, section 17(4) of the Road Traffic Regulations Act 1984 and Schedule 2 to the Road Traffic Offenders Act 1988;

(b)

Charge 2 – Failing to give information relating to the identification of the driver of a vehicle when required, contrary to section 172(3) of the Road Traffic Act 1988 and Schedule 2 to the Road Traffic Offenders Act 1988.

The Respondent pleaded not guilty to these offences and stood trial before the justices of the Cheltenham Magistrates’ Court on 18 September 2024. He was acquitted of both charges at the conclusion of that trial.

The Appellant (the Director of Public Prosecutions) seeks to appeal by way of case stated against the Respondent’s acquittal on the second charge. The question stated by the justices for the opinion of the High Court is:

“Was our decision to acquit the respondent wrong in law given the defendant’s failureto provide details in section C of the notice served upon him?”

The Appellant submits that the answer to that question is ‘yes’ and invites the Court to set aside the Respondent’s acquittal and to remit his case to the magistrates’ court with a direction that he should be convicted of Charge 2.