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CRIMINAL LITIGATION

04 April 2008
Issue: 7315 / Categories: Case law , Law digest
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R (Thornhill) v Uxbridge Magistrates’ Court [2008] EWHC 508 (Admin), [2008] All ER (D) 08 (Mar)

The accused was arrested near the scene of a road traffic accident. It was accepted that he had a medical reason precluding him from providing a specimen of breath. He was asked to provide a specimen of urine instead.

He refused. He was charged with failing to provide a specimen of breath. The prosecution later sought to amend the charge to allege failure to provide a specimen of urine. By that time the sixmonth time limit for commencing proceedings in respect of the failure to supply a specimen of urine had expired.

HELD There is a distinct difference between a failure to provide a specimen of urine and one of breath. In those circumstances the decision of the justices to permit the amendment of the charge had to be quashed. It was therefore unnecessary to consider whether the amendment was or was not in the interests of justice.
 

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The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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