Practice and Procedure

R (on the application of SANTOS) v STRATFORD MAGISTRATES' COURT (2012)

PUBLISHED March 1, 2012

[2012] EWHC 752 (Admin)

A magistrates' court had erred in refusing to allow a defendant charged with a drink driving offence to question a police officer about whether an intoximeter machine had been functioning correctly at the material time, but that error did not affect the safety of his conviction where there was no evidence to indicate that the machine had not been working correctly.

DC (Stanley Burnton LJ, McFarlane LJ, Treacy J)