Breath Tests 

Whilst the Police are not allowed to carry out random breath tests, they can require a person to provide a road side breath test where:

That person is driving, is attempting to drive, has been driving or is in charge of a motor vehicle; AND

There are reasonable grounds to suspect that the driver has been drinking; OR

The driver has committed a traffic offence whilst the vehicle is in motion; OR

There are reasonable grounds to believe that the motorist was driving or in charge of a vehicle owing to the presence of which an accident occurred.

It is an offence to fail to provide a specimen of breath. The offence attracts 4 penalty points and a discretionary ban - and a fine.

Where either a specimen is refused, or where it is provided and the motorist fails the test, the motorist will usually be arrested and removed to the Police Station to provide a further "evidential" sample of breath.

Failure to provide the evidential sample will, other than in very rare and exceptional circumstances, attract an obligatory ban - usually of 18 months duration - and can attract a custodial sentence.

Clinical Negligence Enquiry 

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Crown Court

Some cases are so serious that they can only be tried at the Crown Court. Obvious examples of such cases, which are called "Indictable Only" cases, are murder, or causing death by dangerous driving.

Other cases are capable of being tried either at the Crown Court, or in the Magistrates Court, and are called "Either Way" cases. Examples of such cases are theft, and assaults causing actual bodily harm.

Where the circumstances of the offence make it serious in nature, then the Magistrates will direct that the case be heard by a Judge and Jury at the Crown Court.

Otherwise, if the defendant pleads not guilty, then he or she can choose, as of right, to have his or her case heard at the Crown Court, or consent to the case being heard by Magistrates.

Generally, Crown Court trials are more expensive, and take much longer to be heard. A defendant's prospects of being acquitted at the Crown Court are also better, statistically, than they are at the Magistrates Courts. But, the powers of sentence of a Crown Court Judge are much greater than those of Magistrates.

The Magistrates Courts are cheaper, much quicker, and arguably less intimidating than the Crown Courts. As noted above, the Magistrate's powers of sentence are also limited - although in "Either Way" cases they reserve the power to commit a defendant to Crown Court for sentence.

Choosing the venue for trial is a difficult decision, and one which must be carefully made taking into account each of the above factors, the circumstances of the case, and the personal circumstances of the Defendant.

The Courts are under increasing pressure to push defendants to make such decisions at the earliest opportunity - often at the first appearance.

Given that the first appearance is now usually within two days of a defendant being charged at the Police Station, we think it is more important than ever that we are involved at the outset, preferably at the Police Station.

We have many year's experience of preparing cases for hearing at the Crown Court, and have developed a network of Barristers and, where necessary, expert witnesses, to ensure that the standards of representation are of the highest order....