Cowper v DPP

Cowper v DPP

There was no breach of section 58 of the Police and Criminal Evidence Act 1984 or the Codes of Practice, as the custody officer acted promptly to secure legal advice and it was not practicable to delay or interrupt the breath test procedure. The appellant was lawfully required to provide a breath specimen and refused without reasonable excuse.

Parties
Claimant: Cowper; Defendant: DPP
Jurisdiction
England and Wales
Judgment Date
18 March 2009
Procedural Posture
Appeal by Way of Case Stated / Judgment
Outcome
Appeal dismissed
Legal Topics
Drink Driving, Access to Legal Advice, Admissibility of Evidence, Police Procedure
Criminal Law Administrative Law Drink Driving Access to Legal Advice Admissibility of Evidence Police Procedure

Case Brief

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Parties

Cowper

Claimant

DPP

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment

Legal Issues

  1. 1 Whether police breached section 58 of the Police and Criminal Evidence Act 1984 by not permitting the appellant to consult a solicitor before the breath test
  2. 2 Whether evidence of refusal to provide a breath specimen should be excluded under section 78 of the Police and Criminal Evidence Act 1984

Ratio Decidendi

There was no breach of section 58 of the Police and Criminal Evidence Act 1984 or the Codes of Practice, as the custody officer acted promptly to secure legal advice and it was not practicable to delay or interrupt the breath test procedure. The appellant was lawfully required to provide a breath specimen and refused without reasonable excuse.

Court Disposition

Appeal dismissed

Orders

  • Appellant ordered to pay £1,300 for prosecution costs within 28 days
  • Legal aid assessment of appellant's costs