Sheldrake v Director of Public Prosecutions [2004] UKHL 43

James Turner QC represented Peter Sheldrake in this case, where the Divisional Court made an important ruling on the right to be presumed innocent until proven guilty, as guaranteed by Article 6 of the European Convention on Human Rights

In this case the Divisional Court accepted the arguments of James Turner QC, to the effect that the statutory provision in respect of the offence of being drunk "in charge" of a motor vehicle (the defence exists if the defendant proves that the circumstances were such that there was no likelihood of him driving while still over the limit), interferes with the right to be presumed innocent until proved guilty, which right is guaranteed by Article 6 of the European Convention on Human Rights, and should be "read down" to impose only an evidential burden on a defendant, so as to avoid incompatibility with Article 6. The decision is of some general importance because the judgments contain a detailed analysis of the decision of the House of Lords in R v Lambert and of all the many subsequent decisions in respect of "reverse burdens" and give guidance as to the approach that should be adopted in respect of arguments as to "reverse burdens" generally.

1kbw members who appeared in this case:

• James Turner QC