Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
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.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now