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Fail to Provide Case Discontinued at Ipswich Magistrates Court

26 April 2016

We received a fax from Norfolk CPS discontinuing a fail to provide case against our client. This case was due for trial at Ipswich Magistrates’ Court.

The case started back in March when our client was stopped by police following a small vehicle road traffic collision. He provided a positive road side breath test and was taken to a local police station.

At the police station our client could not provide an evidential specimen of breath as he was suffering from a chest infection.  He was charged with failing to provide a sample and bailed to attend a court hearing later that month.  A plea of ‘not guilty’ was entered.

Our client provided us with a letter from his GP which supports his theory that he was suffered with chest infection and could not provide a sample.  This was forwarded to the Court and the Crown Prosecution Service.

The Crown Prosecution Service failed to disclose any further evidence since the first hearing back in March.   Despite numerous requests, we failed to receive any evidence or contact until the end of June.

Surprisingly we heard from the court that the Crown Prosecution Service had made an application to vacate the trial date due to a vital witness being on annual leave.  We strongly opposed the application and the court, rightfully so, agreed with ourselves and refused the application.  The trial would go ahead on the date initially set.

On hearing the courts decision, we immediately contacted the CPS noting that in light of the refusal to vacate, did they wish to continue the case.  We did not hear a response.

Today, just 18 hours before the trial, we received a notice of discontinuance from the CPS stating that ‘the decision to discontinue the charge has been taken because there is no enough evidence to provide a realistic prospect of conviction’. 

Costs have been awarded to our client.

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