Source: All England Reporter
Publisher Citation: [2003] All ER (D) 313 (Feb)
Court: Administrative Court
Judge:

Stanley Burnton J

Representation Renée Calder (instructed by Byrne Frodsham & Co, Widnes) for the defendant.
  Nicholas Rowland (instructed by the Crown Prosecution Service, Basingstoke) for the DPP.
Judgment Dates: 21 February 2003

Catchwords

Road traffic - Drink-driving - Blood specimen - Defendant's part of specimen - Comments of custody sergeant discouraging defendant from analysing sample - Effect on conviction.

The Case

Where the custody sergeant made comments to the accused in relation to a blood sample that it would probably come back three times over the limit, that it would be expensive, and that no-one had ever sent a sample away before; although such comments were unwise, the district judge had not erred in concluding that they had not caused unfairness.

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