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District Judge failed to give reasons for refusing to allow prosecution to re-open drink driving case
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Northern Irish Court of Appeal holds, by way of case stated, that District Judge did not give adequate reasons for failure to allow prosecution to re-open drink driving case, and remits matter to be heard afresh by a different judge.
Drink driving - case stated from District Judge (Judge Copeland) - failure to provide specimen of breath - Art 18(7) of the Road Traffic (NI) Order 1995 - failure to warn accused that a failure to provide a breath specimen might render him liable to prosecution - application for direction - application by prosecution to re-open case to address overlooked proof - refusal of application to re-open prosecution - failure to provide reasons for refusal - dismissal of prosecution case - discretion on court to re-open prosecution case - requirement that reasons be given for exercise of discretion - whether reasonable excuse for failure to provide specimens.
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