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Nottingham criminal duty solicitor Jameel Malik represented a client before Nottingham Magistrates’ Court who faced trial for failing to provide a specimen of breath for analysis.

Our client’s vehicle found abandoned

Police officers had found an empty vehicle in a ditch.  They had carried out investigations and discovered who the vehicle belonged to.  The vehicle was owned by Jameel’s client so the police visited his address to speak to him.

The door had been opened by our client who was asked to provide a breath test, the officers having reasonable cause to believe that he had been driving whilst under the influence of alcohol.  Jameel’s client refused.  He stated that this was because he had a medical condition that prevented him providing a sample.

Because of this, the officer made further enquiries and asked our client to make further disclosure of his symptoms.  The police officer was provided with excuses that included poor mental health and depression.  He had suffered a broken neck in the past and had something lodged in his throat.

Our client admitted that the vehicle was his, he had driven into the ditch and could not get out, and having walked home had then drunk a large amount of red wine.

The officer continued to warn the suspect that if he failed to provide a specimen of breath for analysis then he would have no choice but to arrest him for failing to provide a specimen for analysis.  Eventually, the office’s patience ran out and our client was arrested and taken to Newark police station.

Medical reasons given at the police station

Unsurprisingly, at the police station, our client was requested to provide a specimen of breath on the machine at the police station.  Again, our client provided a list of reasons why he could not when asked whether he had medical reasons.  He talked of breathlessness, severe panic attacks and anxiety, as well as other medical conditions.

Jameel’s client made two attempts to provide a specimen of bread for analysis.  On both occasions they registered as a fail because he had not blown hard enough.  The officer believed that the failure to provide had been deliberate.  Our client was also seen by a medic while in custody who offered the opinion that there was no medical reason for failing to provide a specimen.

Finally, having been charged with failing to provide a specimen at the police station, our client was asked to provide a specimen to check that he was under the limit to drive.  He successfully did so, into a handheld device.

Client account supported by medical evidence

The issue for trial was whether our client had a reasonable excuse for failing to provide a specimen for analysis in the police station.

During the trial, the Magistrates heard evidence from the officer who carried out procedure at the police station.  Jameel questioned him as to why he had not given his client the opportunity to provide blood or urine as an alternative to breath.  Footage from a body worn camera was available, as was CCTV from the custody suite.

Jameel’s client then gave evidence as to his reasons for not providing.  A psychiatrist also provided evidence about his mental state.  He had, in fact, been suffering from anxiety all his life.  When placed in the situation he had been in at the police station and asked to provide a sample of breath his anxiety levels increased, with his mental state influencing his ability to provide a specimen of breath.

Not guilty of failing to provide a specimen

After hearing all of the evidence and Jameel’s address to the court, the Magistrates were persuaded by the evidence and his argument.  Jameel’s client was found not guilty of failing to provide a specimen.

Contact a motoring law solicitor

If you face an allegation of failing to provide a specimen for analysis, or any other road traffic offence, you will want to instruct a specialist.  Jameel can be contacted at our Nottingham office on 0115 9599550.  We have experts at all of our other offices as well.

Contact details for all of our offices can be found here.

Alternatively you can use the contact form below.

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Newly qualified regulatory solicitor Elliott Moulster, based at our Ilkeston office spent a period pre-qualification on secondment to Nottingham Law Centre.

You can read more about his placement here and here.

Elliott was certainly kept busy during the final two weeks of his placement.  During his time there he had become a valued member of the Law Centre’s Welfare Benefits Department.

He continued to progress a significant number of welfare benefits cases.  Elliott was now in a position to provide advice to many vulnerable clients who required assistance.  There were plenty of calls to be made and letters to be written to the DWP,  This was combined with his attendance and assistance at community events.

Housing Law Duty Scheme

In addition to continuing with the valuable welfare benefits work, Elliott also had the opportunity to experience some housing law.  He attended Nottingham County Court with one of the housing solicitors, Anne Downey who was undertaking work under the Housing Duty solicitor scheme.  Elliott was impressed how, much like a criminal duty solicitor,  Anne was able to provide detailed and accurate advice in a very short period of time.

Since Elliott was given the above opportunity, he also spent a great deal of time familiarising myself with various aspects of housing law. This included

• court procedure
• the eviction process, and
• possible defences to eviction.

Elliott’s most memorable piece of work happened on his very last day at Nottingham Law Centre. The Housing Department had a case in which they had to prove a defendant’s right to reside in the UK. Elliott drafted submissions to the court as to the individual’s right to reside.

This work followed similar submissions that Elliott had made on the topic to the Social Security Upper Appeal Tribunal.  In that case his representations had been approved and appreciated by the judge due to them being accurate but concise. Although the nature of the work is such that instructions are received at the last minute, he was able to prepare and deliver the submissions in the nick of time.

A big thank you to Nottingham Law Centre

In conclusion, Elliott had spent a fantastic time at Nottingham Law Centre.  The spell complimented the training in criminal law that he had received in our regulatory and criminal law departments.   He learnt a great deal and developed a number of transferable skills.

Elliott has no have no doubt that this experience will benefit him as he begins his life as a solicitor. The partners of VHS Fletchers are very grateful to supervising solicitor Sally Denton and all at the Law Centre for making the experience so rewarding.  Particular thanks must go to Diana Bagci who was a wonderful supervisor.

Although Elliott’s time at the Nottingham Law Centre is over, this won’t be goodbye.  Elliott is already a team member for the Nottingham Legal Walk on 10 May.

Read more about that and give generously here.

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VHS Fletchers are pleased to sponsor Nottingham runner Naomi McArthur.  Naomi is to run her first full Marathon this year in London on 22 April to benefit the Help a Child Appeal.

In relation to the marathon itself, Naomi describes herself as:

 “excited and terrified in equal measure!”

National Justice Museum’s Help a Child Appeal

Her chosen charity is The National Justice Museum’s Help a Child Appeal.  This aims to help children to stay away from crime and understand and engage with their rights while living up to their responsibilities.

Naomi has described her motivation for completing the marathon for the charity:

“As a mum of three, living in the City of Nottingham, I wanted to support a charity which educates local children about the law, and encourages them to become law abiding citizens, and make positive decisions for their futures.” 

The money raised helps the charity to provide educational activities for children, who might not otherwise have the opportunity to visit the museum.

How will the donations be spent?

The funded activities will help broaden the horizons of the children who take part in the program.  They encourage self-motivation, self-confidence and engagement. Young people who attend will be able to develop a range of essential skills.

These include critical thinking, debate, presentation, research and analytical skills, as well as speaking, listening and communication skills.

Any donations can help children feel empowered to:

• Learn about the law
• Stay away from crime
• Make positive decisions
• Be more tolerant of others
• Develop aspirations for their future

In 2015/16 over 22 000 young people took part in one of the charity’s educational activities. With continued help, the charity aims to continue to reach out and provide opportunities for even more. Any donations made will have a direct impact on the children and young people that the charity works with.

Update

On Friday 23 February Naomi held a fund raiser at Suede Bar in Nottingham.

This was a great success, with a total of 115 tickets sold.  600 raffle tickets were also sold for a great array of prizes donated by individuals and local business.  After expenses an impressive total of

£1600

was raised for the charity.

Naomi had recovered sufficiently by the Sunday to take on a 16 mile run, enjoying the sunshine before the Beast from the East hit.

On Tuesday Naomi didn’t let the snow keep her indoors, and we have photographic evidence to prove it.

Unfortunately, Thursday‘s planned 18 mile run was frustrated by too much snow as the Beast from the East struck and schools were closed.  Instead Naomi took to the exercise bike.

We’ll post further updates when we have them.  Click on the links below to show your support (moral and financial).

Update 2 – 16 March 2018

Since we last updated you on Naomi’s progress towards the London Marathon she has undertaken a 16 mile run from East Midlands airport to Nottingham Castle.  Here she is contemplating a flight out of the country rather than doing the run.

158 people took part in the run.  The cause on this occasion was to raise money for the UK Bowel Cancer charity.

Here is Naomi at the finish.  With five weeks to go, she has an 18 mile run planned for tonight.

Naomi has also been asking people to guess her finish time with the incentive of a cash prize, with time ranging from 3:42:10 to ‘did not finish’.  It’s £1 a guess, and she’ll ask you when she sees you.

Update number three – 3 April

Naomi enjoyed her longest run ever in the sunshine on Sunday 25 March.  This was 22 miles along the Grantham Canal.  She was dropped off in Harby and left to run home!

Another 20 miles just 4 days later was tough going on her legs, so Naomi is very happy that it’s now time to taper off.  She is slightly disappointed that the taper is not a little more drastic as there is still over 100 miles to run, with two more long runs of 15 and 10 miles respectively as the date of 22 April approaches.

Update number 4 – 17 April

That’s it now, Naomi has completed her training.  The t-shirt has been printed.   Only five more sleeps to go.  Despite popping echinacea supplement and bingeing on oranges, “maranoia” has well and truly taken hold!

Naomi questions whether she will manage the last 4 miles that she hasn’t covered in training? Will her bad knee finally give way? Will she melt in the blistering heat of the hottest London Marathon in fifteen years?

423 miles have been run since January of this year, taking up 66 hours of her time.  Over £1700 has been raised so far for the for The National Justice Museum’s Help a Child Campaign.

Despite this, she remains as terrified as she was three months ago!

PS – Update 5 – 19 April

Naomi after 3 miles in the blazing sunshine this evening.  3 MILES in the EVENING!!! She’s wondering whether it’s too late to defer….

Follow the link to give to make this all worth while!

Update 6 – the day after

Despite it being her first marathon, and it being the hottest London Marathon on record, Naomi completed the race in an impressive 4 hours and 56 minutes.

We have asked Naomi for her comments on the day and she offers:

‘It was TOUGH! The hottest London Marathon on record (would you believe it after all that training in the snow, ice and rain?) and the heat really got to me. I felt unwell really early on, with nausea and dizziness from miles 5 and 6.

It was a mental battle of over 4 hours to reach the finish line from there! All ideas of achieving my dream time went out of the window and it just became a case of ploughing on until the finish line.

It was so HOT that I questioned whether or not I’d even make it to the finish line at all, but thanks to my running buddy and a great support team I did!  

I’m feeling proud but broken today, and very happy to have raised nearly £2000 for a great cause.’

Although Naomi has vowed ‘never again’ as she stumbled across the finish line, she is left wondering what she might be capable of in better conditions.

Its not too late to donate.  Follow the links below.

You can look back at Naomi’s progress towards the Marathon and her fundraising drive on her Facebook page here.

The link to make a donation can be found here.

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Following on from the revelations about failures in disclosure identified last year, on 3 April The Times published further information about the scale of the failure by the police and prosecution to disclose evidence vital to fair trials.  It is claimed that the failure to disclose such key evidence is both routine and deliberate, including hiding evidence within sensitive material schedules.

These reports are against a background of interest in the criminal justice scheme, including a BBC Survey, the publishing of a Charter for Justice and a campaign to send every sitting MP a copy of the recently published book by the Secret Barrister about the crisis in the criminal justice system.

A dossier has been produced that draws on the reports of a number focus groups held with the police, prosecutors and judges.  The file also includes the results of a survey of prosecutors.  It was obtained by the charitable organisation The Centre for Criminal Appeals.

Helpful evidence hidden on sensitive material schedules

The research has identified a commonly held view that the defence is not entitled to see evidence that might undermine the case against an accused.  Tactics are adopted by the police to stop it being handed over.  At least one force trains its officers to hide such material in a ‘sensitive material’ schedule which means the defence are unlikely to discover that is exists and disclosure may well be avoided.

One comment from a police focus group was ‘If you don’t want the defence to see it, then [evidence] goes on the MG6D’, this list of ‘sensitive material’.

A prosecutor is quoted as saying that ‘In even quite serious cases, officers have admitted to deliberately withholding sensitive material from us and they frequently approach us only a week before trial.  Officers are reluctant to investigate a defence or take statements that might assist the defence or undermine our case”.

Material should only appear on a sensitive material schedule where the disclosure office believes its disclosure ‘would give rise to a real
risk of serious prejudice to an important public interest.’  The reason for that belief should also be stated, and the officer must sign off on the schedule.

It is envisaged that such sensitive material will not just be that which helps the defendant. Instead, examples are:

• material relating to national security;
• material received from the intelligence and security agencies;
• material relating to intelligence from foreign sources which reveals sensitive intelligence gathering methods;
• material relating to the identity or activities of informants, or undercover police officers, or witnesses, or other persons supplying information to the police who may be in danger if their identities are revealed;

As a result it is unlikely to include evidence that simply points to the innocence of a defendant.

Prosecution also at fault in disclosure decisions

However fault is also identified on the part of prosecutors.  Sometimes this is due to the volume of cases, in combination with a lack of time to do the job properly, poor quality police investigations and the pursuit of ‘wrong’ priorities.

It remains to be seen whether the new Director of Public Prosecutions who will replace Alison Saunders when her contract expires in the autumn will have the resources to effect any meaningful change.

Instruct VHS Fletchers to ensure adequate disclosure

A judge within one of the focus groups observed, ‘There seems to be an idea that the defence is not entitled to see things but where the defence press matters, this yields results.’

As a result, until the culture changes and more resource is made available, to a great extent an accused will be dependent upon their lawyer identifying whether material is likely to exist and make an appropriate application for disclosure.

Our team of experienced Crown Court litigators and advocates will ensure that disclosure in any particular case is meaningful, rather than, as one prosecutor put it, ‘more of an administrative exercise‘.

You can read about two recent cases where our requests for disclosure made a difference here and here.

Find your nearest office here or use the contact form below.

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Unfortunately the criminal justice system is failing suspects, defendants and victims.  The public are right to be alarmed. Action for justice is required. 

The Criminal Bar Association represents over 4000 criminal barristers.  Young Legal Aid Lawyers group represents aspiring and junior lawyers in the legal aid sector.

Both bodies are committed to ensuring access to justice and upholding the rule of law.

The criminal justice system is in crisis.

Both organisations have joined together to shine a light on the failing in the system.  The intention is to provide every sitting Member of Parliament with the book by the Secret Barrister.  The volume, Stories of the Law and How it is Broken, sets out a litnay of failures present in the current system.

Along with this book, the MPs are to be given a copy of the Young Legal Aid Lawyers Report on Social Mobility along with a list of key facts.

Principled parliamentarians must be allies in the fight for justice.  It cannot be a party political issue.  The rule of law and access to justice are fundamental to a healthy and functioning democratic society.

Every aspect of the criminal justice system is under threat.

The progress made on diversity is in grave danger, with profound consequences for public trust as the judiciary, professions and institutions cease to reflect the communities they serve

Every week brings news of another criminal trial collapsing due to lack of adequate resources. The disclosure debacles are just one very high profile example of the damage being done to our once great system from chronic and deliberate lack of investment.

In 2016 MPs were told by the Public Accounts Committee that the Criminal Justice System was at breaking point. After 20 years of successive cuts, the system is now broken.

In planning more cuts, Ministers are making an unequivocal commitment to underfunding the legal system, and to refusing to provide a quality of justice that the public are entitled to expect.

The campaign will cost money, and the hope is that a public appeal will raise the £10 000 needed.

Follow this link to read more and pledge a donation to support the cause of justice.