Director of Public Prosecutions v Wilson [2009] EWHC 1988 (Admin) (21 July 2009)

Director of Public Prosecutions v Wilson [2009] EWHC 1988 (Admin) (21 July 2009)

A prohibited arrest under section 6D(3) of the Road Traffic Act 1988 does not render subsequent procedures, including the taking of blood samples, invalid provided all other statutory requirements are met; evidence obtained is admissible.

Citation
[2009] EWHC 1988 (Admin)
Parties
Claimant: Director of Public Prosecutions; Defendant: Frank Wilson
Jurisdiction
England and Wales
Judgment Date
21 July 2009
Procedural Posture
Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates
Outcome
Appeal allowed; case remitted to magistrates with direction to convict.
Legal Topics
Unlawful Arrest, Admissibility of Evidence, Drink Driving Offences, Procedural Compliance
Criminal Law Road Traffic Law Unlawful Arrest Admissibility of Evidence Drink Driving Offences Procedural Compliance

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Parties

Director of Public Prosecutions

Claimant

Frank Wilson

Defendant

Procedural Posture

Appeal by Way of Case Stated / Divisional Court Judgment on Appeal From Magistrates

Legal Issues

  1. 1 Whether blood samples taken after a prohibited arrest at hospital are inadmissible under section 6D of the Road Traffic Act 1988
  2. 2 Whether subsequent procedures are invalidated by a prohibited arrest
  3. 3 Whether evidence of blood alcohol can be admitted despite procedural irregularity

Ratio Decidendi

A prohibited arrest under section 6D(3) of the Road Traffic Act 1988 does not render subsequent procedures, including the taking of blood samples, invalid provided all other statutory requirements are met; evidence obtained is admissible.

Court Disposition

Appeal allowed; case remitted to magistrates with direction to convict.

Orders

  • Case remitted to magistrates with direction to convict Frank Wilson.
  • Costs of £1,293.50 awarded to the Director of Public Prosecutions.