Director of Public Prosecutions v Wilson

Director of Public Prosecutions v Wilson

A prohibited arrest under section 6D(3) of the Road Traffic Act 1988 does not invalidate subsequent procedures for obtaining blood samples, provided all other statutory requirements are met. The magistrates were wrong to exclude the blood sample evidence solely on the basis of the prohibited arrest.

Parties
Claimant: Director of Public Prosecutions; Defendant: Frank Wilson
Jurisdiction
England and Wales
Judgment Date
21 July 2009
Procedural Posture
Criminal Appeal (case Stated) / Appeal From Magistrates' Court to High Court
Outcome
appeal allowed; case remitted with direction to convict
Legal Topics
Drink Driving, Unlawful Arrest, Admissibility of Evidence
Criminal Law Road Traffic Law Drink Driving Unlawful Arrest Admissibility of Evidence

Case Brief

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Parties

Director of Public Prosecutions

Claimant

Frank Wilson

Defendant

Procedural Posture

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

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 evidence of blood alcohol level can be admitted under section 15(2) of the Road Traffic Offenders Act 1988 despite a prohibited arrest
  3. 3 Whether R v Fox permits admission of evidence obtained after an unlawful or prohibited arrest

Ratio Decidendi

A prohibited arrest under section 6D(3) of the Road Traffic Act 1988 does not invalidate subsequent procedures for obtaining blood samples, provided all other statutory requirements are met. The magistrates were wrong to exclude the blood sample evidence solely on the basis of the prohibited arrest.

Court Disposition

appeal allowed; case remitted 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