The Director of Public Prosecutions v Vince & Ors

The Director of Public Prosecutions v Vince & Ors

Failure to offer a blood or urine sample or to complete MG DD/A form sections after an 'Ambient Fail' does not render breath test results inadmissible if the statutory requirements are otherwise met and the machine is reliable. Magistrates' findings on reliability and procedural compliance are matters of fact unless there is a clear error of law.

Parties
Appellant in Vince, Respondent in Kang: Director of Public Prosecutions; Respondent in Vince: Celia Vince; Appellant in Kang: Balvinder Singh Kang
Jurisdiction
England and Wales
Judgment Date
25 November 2016
Procedural Posture
Criminal Appeal by Way of Case Stated / Appeal Judgment
Outcome
Both appeals dismissed
Legal Topics
Admissibility of Evidence, Breathalyzer Procedure, Drink Driving Offences, Procedural Compliance
Criminal Law Road Traffic Law Admissibility of Evidence Breathalyzer Procedure Drink Driving Offences Procedural Compliance

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Parties

Director of Public Prosecutions

Appellant in Vince, Respondent in Kang

Celia Vince

Respondent in Vince

Balvinder Singh Kang

Appellant in Kang

Procedural Posture

Criminal Appeal by Way of Case Stated / Appeal Judgment

Legal Issues

  1. 1 Whether evidence from a breath test after an 'Ambient Fail' message is admissible and reliable
  2. 2 Whether failure to complete police forms invalidates evidence
  3. 3 Whether magistrates were correct to find no case to answer based on procedural or evidential defects

Ratio Decidendi

Failure to offer a blood or urine sample or to complete MG DD/A form sections after an 'Ambient Fail' does not render breath test results inadmissible if the statutory requirements are otherwise met and the machine is reliable. Magistrates' findings on reliability and procedural compliance are matters of fact unless there is a clear error of law.

Court Disposition

Both appeals dismissed