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DPP v Swan

[2004] EWHC 2432 (Admin) 2004-06-01

An appeal by way of case stated by the CPS against an acquittal by the Chichester Magistrates of the respondent on a charge of failing to provide specimens of breath.  The case concerned the interpretation of "failure" and the requirement for an opportunity to provide the required specimen, the impact of pre-conditions on the provision of such specimens.  Simon Murray acted for the Respondent.