The Defence Brief

Expert legal advice is essential any time you are interviewed by police I met a new client last week. He is accused of drink driving and contacted me after hearing of me through others I've represented . He was arrested at home where the police found him in bed… asleep. He was not the only person in the house and was not the only person with access to the car he was accused of driving. Having considered the evidence, I saw that the police received call from an “unknown informant” saying that somebody was drink driving. No reason for this belief was given nor was there any description of the driver. In short, there was no evidence that the man charged with the offence was the driver. Since the prosecution must prove not only that a person is over the drink driving limit but also that he drove while over the limit, evidence identifying the driver is very important. At the police station, my client was interviewed in the presence of the duty solicitor – or at least ...

I have just read a BBC report saying that a court has ruled that the police cannot bail anybody for more that 96-hours or 4-days.  The BBC are a little late with this story as it was reported by CrimeLine last Friday, but there you go. The case, called Greater Manchester Police v (1) Hookway, (2) Salford Magistrates' Court , is a judicial review brought by the police following a refusal by a District Judge to grant further time for them to question a murder case suspect. CrimeLine's Andrew Keogh (a well known and highly respected criminal lawyer who provides extensive training for much of the criminal law world) described the judgment as "... one of the most bizarre cases I have ever read... " .  He goes on to say that he understands the case is being appealed, which is not a surprise. Before going on, I should explain for those who do not know that when a person is arrested the police have 24-hours in which to question the suspect and make a decision whether ...