Jones v Crown Prosecution Service

Jones v Crown Prosecution Service

There was no request by the appellant for a specimen as required by section 15(5)(b), and even if there was, supply was effected by offering and making the sample available. The appeal is dismissed.

Parties
Claimant: Elaine Jones; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
23 June 2003
Procedural Posture
Criminal Appeal / Appeal by Way of Case Stated From Magistrates' Court
Outcome
appeal dismissed
Legal Topics
Driving Under the Influence, Admissibility of Evidence, Procedure for Blood Specimen Supply
Criminal Law Road Traffic Law Driving Under the Influence Admissibility of Evidence Procedure for Blood Specimen Supply

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Parties

Elaine Jones

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Criminal Appeal / Appeal by Way of Case Stated From Magistrates' Court

Legal Issues

  1. 1 Whether the appellant made a request to be supplied with a blood sample under section 15(5)(b) of the Road Traffic Offenders Act 1988
  2. 2 Whether the concept of 'supply' was satisfied when the sample was not physically handed to the appellant

Ratio Decidendi

There was no request by the appellant for a specimen as required by section 15(5)(b), and even if there was, supply was effected by offering and making the sample available. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • The appellant will pay the respondent's costs in the sum of £1,927.