Longstaff v DPP [2008] EWHC 303 (Admin) (31 January 2008)

Longstaff v DPP [2008] EWHC 303 (Admin) (31 January 2008)

The failure to complete the procedure for taking a specimen of blood was not wrong in law, did not cause prejudice to the appellant, and did not deprive him of a fair trial; the police were entitled to revert to charging for failure to provide a breath specimen once medical opinion confirmed no medical reason for failure; the loss of the mouthpiece did not render the trial unfair; there was no abuse of process.

Citation
[2008] EWHC 303 (Admin)
Parties
Claimant: Kelvin James Longstaff; Defendant: DPP
Jurisdiction
England and Wales
Judgment Date
31 January 2008
Procedural Posture
Appeal by Way of Case Stated / High Court (queen's Bench Division, Divisional Court)
Outcome
Appeal dismissed
Legal Topics
Failure to Provide Specimen, Abuse of Process, Fair Trial, Police Procedure, Breath Analysis, Blood/urine Specimen Procedure
Criminal Law Road Traffic Law Failure to Provide Specimen Abuse of Process Fair Trial Police Procedure Breath Analysis Blood/urine Specimen Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Kelvin James Longstaff

Claimant

DPP

Defendant

Procedural Posture

Appeal by Way of Case Stated / High Court (queen's Bench Division, Divisional Court)

Legal Issues

  1. 1 Whether failure to complete the procedure for taking a specimen of blood was wrong in law and prejudicial to the appellant's fair trial rights
  2. 2 Whether failure to retain the mouthpiece deprived the appellant of a fair trial
  3. 3 Whether the proceedings should have been stayed as an abuse of process

Ratio Decidendi

The failure to complete the procedure for taking a specimen of blood was not wrong in law, did not cause prejudice to the appellant, and did not deprive him of a fair trial; the police were entitled to revert to charging for failure to provide a breath specimen once medical opinion confirmed no medical reason for failure; the loss of the mouthpiece did not render the trial unfair; there was no abuse of process.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Legal aid assessment granted if applicable