Nottingham crime solicitor Nick Walsh was recently instructed by a client facing an allegation of failing to provide a specimen of breath for analysis and police assault. Ultimately Nick persuaded the prosecution not to proceed with the charges.
Medical Defence to Failing to Provide
Nick’s client had a history of mental illness. The account given by the arresting officers showed that his behaviour was bizarre in the extreme. From the outset, Nick correctly identified that the relevant issue would be whether, bearing in mind the nature of his illness, he was capable of understanding the request made of him and the likely consequences of a refusal.
A psychiatric report was obtained that expressed the view that our client was very ill during his time in police custody. The paramedic who examined him at the police station said that his behaviour was a result of mental illness and not the effect of drink or drugs.
Prosecution Determined to Proceed
Despite this information the prosecution were determined to proceed with the prosecution. Requests to the prosecution eventually produced the full intoxilyser procedure forms. From those, it became apparent that the officer conducting the procedure had accepted that Nick’s client had a medical reason for his failing to provide a specimen of breath. It was he who had gone on to arrange for our client to be medically assessed as to whether he was unfit.
It was this decision that had led to the assessment that concluded he was not affected by alcohol, rather illness.
In the Public Interest?
Nick persisted with his representations that it was not in the public interest to persist with the prosecution. In any event the prosecution would not be in a position to prove the case. Eventually, having had the case listed for a case management hearing, the prosecution were persuaded to withdraw the charges. The prosecution was at an end.
Contact Nick Walsh
If you face an allegation at the police station or Magistrates’ Court then please do not hesitate to contact Nick Walsh on 0115 9599550 or email him here. You will no doubt benefit from his careful analysis of the issues in your case and his persistence in dealing with the prosecution.