High Court overturns a conviction for holding a mobile phone while driving, finding that the trial before the District Court was fundamentally unfair. The trial judge improperly engaged in cross-examination of the defendant and exhibited hostility, denying the defendant a fair trial. Additionally, the trial judge failed to provide reasons for refusing to refer legal questions to the High Court, further contributing to the unfairness of the proceedings. The conviction has been quashed, with the court to consider whether the case should be remitted back to the District Court.
judicial review, mobile phone conviction, unfair trial, cross-examination by judge, District Court, High Court, Road Traffic Act 2006, consultative case stated, section 52 of the Courts (Supplemental Provisions) Act 1961, certiorari, remittal, penalty points, constitutionality, European Convention on Human Rights Act 2003, Criminal Justice (Evidence) Act 1924, self-incrimination, digital audio recording (DAR), transcript.