Miller v Director of Public Prosecutions

Criminal evidence – Exclusion of evidence. Having found that the failure by the police to contact an appropriate adult whilst the appellant vulnerable adult had been in custody had constituted a breach of Code C of the Police and Criminal Evidence Act 1984, the justices had been wrong in law in not having exercised their discretion to exclude the evidence of the drug drive procedure under s 78. Accordingly, the Divisional Court allowed the appellant's appeal by way of case stated against his conviction for failure to provide a specimen of blood and directed his acquittal.

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