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04 April 2008
Issue: 7315 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

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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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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