Index
| Pages | 697-728 |
| Author | Pauline M. Callow |
Index
References are to page numbers.
Abuse of process
agreement to plead guilty, withdrawn
charge reinstated 657–8
blood specimen not properly stored
before supply 661
CCTV
evidence, prosecution not obliged
to retain 669–70
failure to serve footage without
audio 670–1
loss of tape not amounting to
abuse 664–5
circumstances suggesting absence
669–70
delay between arrest and trial, not
amounting to 664–5
fair trial
impossible, where 662–3
no basis for fearing lack of
670–1
interpreter, use of
at procedure and trial 659–61
prosecution witness, as possible
659–61
no finding of, reasons for 669–70
reinstatement of charge as 657–8
stay of proceedings as
error in officer’s report book, due
to 658–9
video evidence not disclosed
because non-existent
658–9
video recording of custody area,
prosecutor’s failure to produce
668–9
witness, prosecution’s failure to
disclose name 662–3
Accident
breath test following, whether lawful
201
Adjournment
adequate reasons for, court’s failure to
give 597–8
adjournments, case with history of
585–6
amendment of charge, out of time,
following 582–3
appeal against, by case stated
618–19
bias shown by justices 597–8
case stated giving no reason for
580–1
contested application
legal adviser making decisions
without full information
591–2
material mistake of fact, court
acting on 594–5
defence expert unable to attend
596
further evidence, to seek, refusal
581–2
judicial review to challenge refusal
594–5, 596–7
law report, to obtain 593–4
long history leading to refusal 585–
6
misleading application, prosecution
suggesting defence at fault
589–90
698 Drink- and Drug-Drive Case Notes
Adjournment (continued)
mitigation, to advance, followed by
acceptance of sentence 642–3
non-attendance at trial
failure to respond to notice as to
583–4
medical practitioner not present
585–6
witness not asked to attend 5
85–6
witness warned but not attending
585–6
not in interests of justice, where
582–3
procedural unfairness, refusal
amounting to 593–4
prosecution failing to prepare for trial
588–9
representations from prosecutor or
justices, in absence of 579–80
rigorous scrutiny, not subjecting
application to 584–5
special reasons argument, to make
593–4
sufficient notice of issues to be tried,
rejection 581
viewable CCTV not available at trial
587–8
without rigorous scrutiny of
applications 579–80
witness
failure to identify and bring to
court 584–5
failure to warn 583–4, 589–90,
590–1
not asked to attend 585–6
witness statement, failure to serve
583–4
wrong to grant, where 587–8, 590–1
Alcohol
consumption after driving, for
defendant to prove 310–11
consumption before driving,
inadmissible to rebut statutory
assumption 311–12
statutory assumption see Statutory
assumption
Analysis
analyst see Analyst
blood specimen see under Blood
specimen
urine specimen
alcohol level above prescribed
limit, proof 142
no need to establish exact reading
142
prosecution’s analysis showing
higher level than
defendant’s 142–3
Analyst
authorisation, whether need for
155–6
qualification, no need to prove
154–5
unauthorised, evidence by 155–6
Arrest
detention, no material distinction
5–6
hospital, at 7–8, 9–10
negative roadside test, following
6–7
preliminary test, without 8–9
stroke, motorist having suffered
69–70
unlawful
bad faith, not evidence of 395–6
provision of specimen, and 3–4
reasonable excuse to refuse
specimen, not providing
3–4
violent and drunk suspect 82
Attempting to drive
accelerating the engine 435–6
attempting to put car into gear
435–6
attempting to start car 435–6
burnt-out clutch preventing 435–6
ignition, inserting keys into, none
fitting 436–7
intervening factor preventing 435–6
opening the car door 437
preparatory act rather than 437
private car park with intention of
driving onto public road
437–8
sitting in driving seat 435–6, 436–7
trying to make car go forward
435–6
Index 699
Autrefois acquit
acquittal on one charge followed by
charge of driving at earlier time
483
faulty information, dismissal not
giving rise to 482, 484–5
one of two informations, prosecution
proceeding on, doctrine not
arising 481
second corrected information after
dismissal of faulty information
482, 484–5
Bad faith
admissibility of evidence, whether
affecting 353–4, 394–5
arrest without roadside breath test
395–6
certiorari not available, example
399–400
cross-examination of officer, absence
400–1
errors in procedure 399–400
following motorist home and into his
house 397–8
fraud, prosecutors’ conduct not
analogous to 399–400
generally 394
incorrect finding as to, unlawful
exclusion of evidence 401–2
justices failing to inquire into
possibility of 398–9
proper warning given, justices right to
conclude 400–1
screening test, officers requiring
394–5
second roadside test before 20-minute
expiry 353–4
statutory discretion not invoked,
prohibition on raising on appeal
400–1
tip-off, officer acting on, no moving
traffic offence 396–7
unlawful arrest not evidence of
395–6
witness summons to investigate,
justices’ failure to issue 398–9
Blood specimen
abnormal alcohol metabolism no
reason not to disqualify 95–6
allowance (6mg)
bringing level below limit 156–7
correct use, example 156–7
insufficient, magistrates incorrectly
assuming 158–9
lowest of four samples, incorrect
application to 159–60
rounding down in addition to, no
requirement 157–8
analysis and procedures
allowance see allowance (6mg)
above
analyst see Analyst
back-calculations see back-
calculations below
breath analysis, additional use
144–5, 150–1
cannabis user, level below legal
limit 153–4
certificate of analysis see
Certificate of blood analysis
code, identification by, continuity
of evidence 147–9
expert oral evidence, admissibility
143
fact-specific nature of safety of
conviction 152–3
failure to notify motorist of result
46–7
gas chromatography, use 144
ICMA system, use 144
laboratory’s accreditation for
testing suspended, effect
151–2
margin of error see allowance
(6mg) above
motorist, proving specimen to be
that of 652–4
positive, refusal to allow blood
specimen, whether breach
of human rights 263–4,
409–10
preservative, whether added to
specimen 149–50, 150–1
prosecution’s analysis more
convincing than defendant’s
144
Randox Testing Services,
suspension of accreditation
151–2, 152–3
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