We represented a client who was charged with failing to stop for a police constable and failure to provide a specimen of blood at Colchester Magistrates Court. Our client had previously pleaded guilty to failing to stop. However, she maintained that the Police failed to follow the proper procedure when requesting a specimen of blood. The procedure should have ensured her understanding and the implications of the request. Review of the custody record revealed that our client had not been provided an appropriate adult at the police station, despite the Police Sergeant noting her need for one.
PACE breach and exclusion application
As a result of this failing, we successfully made an application under S.78 of the Police and Criminal Evidence Act 1984 (PACE). The application sought to exclude any evidence gathered from the blood specimen sample procedure. This was on the basis that the evidence was gathered in breach of PACE Code C. Following detailed submissions, Trial Judge excluded this evidence and the Crown Prosecution Service proceeded to offer no evidence in relation to the charge of failing to provide a blood sample.
Final outcome
Our client was further sentenced to an Absolute Discharge in respect of the offence of failing to stop for which she had pleaded guilty.
Our client as represented throughout by Solicitor, Morgan Luchinski, who instructed George Smart of 5 Saint Andrews Hill.
- What is PACE?
The Police and Criminal Evidence Act 1984 (PACE) is a UK law that establishes the powers of the police and safeguards for individuals during investigations and detentions. It aims to balance police powers with the rights of the public and ensure fair treatment for suspects. - When can evidence be excluded under PACE?
If the police fail to follow PACE Codes, the court may exclude resulting evidence under Section 78. - What happens if the prosecution has no admissible evidence?
If crucial evidence is excluded, the prosecution may offer no evidence, leading to the charge being dropped. - Can I challenge how the police handled my arrest?
Yes. If procedures under PACE were breached, evidence can be challenged. Speak to a solicitor as soon as possible.
For expert legal advice and representation in cases involving PACE breaches, contact GT Stewart’s experienced team today.
