After a report from a member of the public, the police forced entry into Mr Jones’s home unlawfully. He was arrested, detained at the police station then subsequently taken to hospital suffering from chest pains. Whilst he was at the hospital the police required specimens of breath for analysis in spite of the fact that evidential specimens may only be provided at the police station. He was then brought back into custody where he was given no opportunity to provide breath specimens but charged immediately with failure to provide. The issues were raised at the first hearing when a not guilty plea was entered then a comprehensive skeleton argument was served by us. The prosecution did not respond to the skeleton argument or serve a schedule of unused material as had been directed by the Court. After we wrote to remind them of the Court’s directions the prosecution discontinued the case around a week before the trial had been due to take place.
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