|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 07 (May)|
|Court:||Queen's Bench Division, Administrative Court (London)|
Mitting J (judgment delivered extempore)
|Representation||Michael Shrimpton (instructed by Henry's Solicitors Ltd) for the appellant.|
|Iain Wicks (instructed by the Crown Prosecution Service) for the Crown.|
|Judgment Dates:||1 May 2012|
Criminal evidence - Exclusion of evidence - Adverse effect on fairness of proceedings - Appellant being suspected of drink driving - Police aware appellant receiving treatment for depression - Police administering breath test and finding appellant over legal limit - Before Crown Court prosecution conceding appellant should have been treated as mentally disordered or otherwise mentally vulnerable person - Judge finding no unfairness resulting from breach - Judge refusing to exclude breath test evidence - Whether judge erring - .