Each defendant sought disclosure of materials concerning the intoximeter instruments, having been charged with driving with excess alcohol. The defendants said that the meters were inaccurate and that the manufacturers were in effect part of the prosecution, and subject to disclosure requirements accordingly. The prosecution replied that the meter manufacturer specifications were protected as confidential.
Held: The prosecutions were not an abuse. The prosecution itself had attempted to obtain the information, but failed.
Judges:
Lord Justice Laws Mr Justice Ouseley
Citations:
[2006] EWHC 32 (Admin), Times 08-Feb-2006
Links:
Statutes:
Road Traffic Act 1988 5(1)(a), Criminal Procedure and Investigations Act 1996 83 8
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Brown (Winston) HL 20-Feb-1997
The victim had been stabbed outside a nightclub. Two witnesses identified the defendant. The defendants complained that evidence had not been disclosed to them.
Held: There is no duty at common law on the prosecution to warn the defence of . .
Cited – Regina v Maguire CACD 1992
The defendant, convicted of murder, had died. It later came to light that materials with the prosecution forensic team had not been disclosed by the prosecution.
Held: The Home Secretary could make a reference to the Appeal court despite the . .
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Regina v Soneji and Bullen HL 21-Jul-2005
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
Cited – Regina v Alibhai and Others CACD 30-Mar-2004
The defendants appealed against their convictions for conspiracy to manufacture and distribute counterfeit Microsoft products. They said that inadequate disclosure had been provided by Microsoft. The principal witness was a participating informant . .
Cited – Sekhon, etc v Regina CACD 16-Dec-2002
The defendants appealed against confiscation orders on the basis that in various ways, the Crown had failed to comply with procedural requirements.
Held: The courts must remember the importance of such procedures in the fight against crime, . .
Cited – Regina v Smurthwaite; Regina v Gill CACD 5-Oct-1993
It is not a defence merely to show that there had been entrapment or the use of an agent provocateur, but the Judge has a discretion to exclude the evidence obtained if it would be unfair to use it. The need is to ensure a fair trial. . .
Cited – Regina v Tibbs CACD 28-Feb-2000
The meaning of a defence as included in a defence statement refers to a defence in its general sense. Where the facts supporting a defence statement differed when the matter came to trial it was correct for the defendant to be cross-examined about . .
Cited – Regina v Mullen CACD 4-Feb-1999
British authorities, in disregard of available extradition procedures, initiated and procured the unlawful deportation of the appellant from Zimbabwe to England. The appellant was charged and tried for conspiracy to cause explosions likely to . .
Cited – Regina v Skegness Magistrates’ Court ex parte Cardy 1985
Representations that the Intoximeter or other device used for measuring breath alcohol, should not have been approved or that the Secretary of State should have withdrawn approval in respect of the device should be addressed to the Secretary of . .
Cited – Regina v H; Regina v C HL 5-Feb-2004
Use of Special Counsel as Last Resort Only
The accused faced charges of conspiring to supply Class A drugs. The prosecution had sought public interest immunity certificates. Special counsel had been appointed by the court to represent the defendants’ interests at the applications.
Cited – Director of Public Prosecutions v Memery QBD 4-Jul-2002
The Crown Court had concluded that the intoximeter EC/IR was not a validly approved device or if it was that it was unreasonable for the Secretary of State to have approved it since it was a device which detected mouth alcohol, i.e. was liable to . .
Cited – Boddington v British Transport Police HL 2-Apr-1998
The defendant had been convicted, under regulations made under the Act, of smoking in a railway carriage. He sought to challenge the validity of the regulations themselves. He wanted to argue that the power to ban smoking on carriages did not . .
Cited – Director of Public Prosecutions v Andrew Earle Anthony Brown, Jose Teixeira QBD 16-Nov-2001
Where a defendant to a charge of driving with excess alcohol, sought to test the accuracy of the Intoximeter, the Magistrates should consider whether the evidence was as to the particular Intoximeter used, and was of sufficient quality to displace . .
Cited – Regina v Horseferry Road Magistrates’ Court, ex Parte Bennett (No 1) HL 24-Jun-1993
The defendant had been brought to the UK in a manner which was in breach of extradition law. He had, in effect, been kidnapped by the authorities.
Held: The High Court may look at how an accused person was brought within the jurisdiction when . .
Cited – Regina v Feltham Magistrate’s Court, ex Parte Ebrahim, Director of Public Prosecutions Admn 21-Feb-2001
The court considered how cases should be handled where video evidence of relevance to a defendant’s case had been destroyed, and the defendant asserted abuse of process.
Held: The discretion to stay proceedings should be employed only in . .
Cited – Regina v Latif; Regina v Shahzad HL 23-Jan-1996
The defendant had been lured into the UK by the unlawful acts of customs officers. He claimed abuse of process.
Held: The category of cases in which the abuse of process principles can be applied is not closed. A customs officer committing an . .
Cited by:
Cited – Cunliffe, Regina (on the Application of) v West London Magistrates’ Court Admn 6-Jul-2006
The claimant was an employee of the company manufacturing alcohol measuring devices. He sought judicial review of decisions by magistrates to require him to attend court to give evidence which would require him to breach obligations of confidence he . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 04 July 2022; Ref: scu.237845