Ivic v Director of Public Prosecutions

Ivic v Director of Public Prosecutions

The district judge was correct to reject the abuse of process arguments as the delay and missing CCTV did not prejudice a fair trial; the breath test evidence was admissible as the radio did not affect reliability; the costs order was justified given the defence's conduct and election to proceed without a breakdown.

Parties
Claimant: Ivic; Defendant: Director of Public Prosecutions
Jurisdiction
England and Wales
Judgment Date
09 June 2006
Procedural Posture
Criminal Appeal (case Stated) / High Court Judgment on Appeal From Magistrates' Court
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Disclosure, Breathalyser Evidence, Costs, Judicial Review
Criminal Law Road Traffic Law Abuse of Process Disclosure Breathalyser Evidence Costs Judicial Review

Case Brief

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Parties

Ivic

Claimant

Director of Public Prosecutions

Defendant

Procedural Posture

Criminal Appeal (case Stated) / High Court Judgment on Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether proceedings should have been stayed as an abuse of process due to delay
  2. 2 Whether proceedings should have been stayed as an abuse of process due to non-production of CCTV footage
  3. 3 Whether breath test evidence should have been excluded due to a police radio being left on

Ratio Decidendi

The district judge was correct to reject the abuse of process arguments as the delay and missing CCTV did not prejudice a fair trial; the breath test evidence was admissible as the radio did not affect reliability; the costs order was justified given the defence's conduct and election to proceed without a breakdown.

Court Disposition

Appeal dismissed

Orders

  • Appellant's disqualification from driving, fine, and costs order reinstated from midnight on the next working day or upon service of the order
  • Order for costs in favour of the respondent, not to be enforced without leave of the court and in such sum as is assessed unless previously agreed