My client was charged with failing to provide a specimen. Having failed a roadside breath test, he was arrested and taken to a local police station.
At the police station, our client was asked a series of questions regarding his mental health. The police officer became frustrated and continued to ask questions without giving him chance to answer, it was at this point the officer stated that he had failed to provide a sample and was taken to the cells.
He was later charged with failing to provide a sample and bailed to attend a court hearing. A plea of not guilty was entered.
We had initial concerns that the police failed to complete the MGDDA procedure, he was not taken into the breath test room at any point and was not given the opportunity to provide a sample of breath. CCTV was requested on two occasions, this was not received.
A copy of the custody record was received from the police. At no point in the custody record was there mention of the MGDDA procedure. It became vital to see the CCTV before the trial date.
The Crown Prosecution Service failed to provide any further disclosure leading up to the trial date.
One the day of the trial the CCTV was given to our barrister. Due to the amount of time before the trial began, the CCTV could not be fully viewed. No MGDDA form had arrived at court as the officer in charge had not attended.
The District Judge refused to allow any further time to allow the CCTV to be viewed or for the officer to bring the MGDDA. Upon proof that we had requested the evidence more than four times, our specialist barrister submitted that all evidence should be ruled inadmissible pursuant to s78 PACE if the trial went ahead.
The Crown Prosecution applied to adjourn, this was refused by the Court. The District Jude ruled in favour of the s78 admission therefore no evidence was offered. Our client was found not guilty.
Costs were awarded.