Appeal by way of case stated from a convicting the Appellant of three road traffic offences, including failure to provide a specimen of breath for analysis contrary to section 7(6) of the 1988 Act. The ground of appeal is that the justices wrongly acceded to the prosecution application to allow a police officer to refresh her memory pursuant to section 139 of the Criminal Justice Act 2003 from form MG DD/A which related to the details of the breath test procedure alleged to have been carried out at the police station. Without the officer’s consequential evidence, there would have been no basis to convict for that offence.
Held: Dismissed.
Judges:
Lindblom LJ, Soole J
Citations:
[2016] EWHC 3624 (Admin)
Links:
Statutes:
Road Traffic Act 1988, Criminal Justice Act 2003 139
Jurisdiction:
England and Wales
Criminal Evidence
Updated: 27 March 2022; Ref: scu.589899