| Source: | All England Reporter |
| Publisher Citation: | [2009] All ER (D) 201 (Nov) |
| Neutral Citation: | [2009] EWHC 3595 (Admin) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Simon J (judgment delivered extempore) |
| Representation | Renee Calder (instructed by Geoffrey Miller Solicitors, Manchester) for the appellant. |
| J Kellam (instructed by the Crown Prosecution Service, Hampshire) for the respondent. | |
| Judgment Dates: | 18 November 2009 |
Catchwords
Road traffic - Failure to provide specimen for laboratory test - Mandatory warning - Failure to give warning - Prosecution submitting warning unnecessary as appellant having fully complied with intoximeter procedure - Justices convicting appellant - Whether justices erring - s 7(7).
The Case
Road traffic Failure to provide specimen for laboratory test. The Administrative Court held that the justices had erred in finding that there had been no need to give the appellant the warning contained in s7(7) of the regarding the risk of prosecution if he failed to provide a sample for analysis. Accordingly, the matter was remitted to the justices with a direction to acquit the appellant, who had been convicted of an offence contrary to s5(1)(a) of the 1988 Act.
Lexis®Library
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
