KING'S BENCH DIVISION
ADMINISTRATIVE COURT
Royal Courts of Justice |
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B e f o r e :
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HO-SHING |
Appellant |
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CROWN PROSECUTION SERVICE |
Respondent |
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MR P GRIEVES-SMITH (instructed by Crown Prosecution Service) appeared on behalf of the Respondent.
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Crown Copyright ©
MR JUSTICE CHAMBERLAIN:
"I later went to the cells to see if she would engage with the drink drive process at about 0328 hours. I am aware that at this time she was on rouse checks, so was responding to commands and questions from the cell door wicket. The DP [the detained person] did not respond to any questions about her consumption of substances post-arrest and made no reply when, at 0330 hours, I asked her to provide two samples of breath for analysis."
1) Has there been an unnecessary or improper act or omission?
2) As a result, have any costs been incurred by another party?
3) If the answers above are "yes", should the court exercise its discretion to order the party responsible to meet those costs in whole or in part?