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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71040
Experience:  Over 5 years in practice
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Having been arrested to provide a specimen while

Customer Question

Having been arrested for failing to provide a specimen while in hospital and the medical practitioner consenting to a sample being taken, I have asserted that due to the medication, shock, concussion and pain I was unable to understand the statutory caution and therefore unaware of the requirement and the offence.
Has this been argued before?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Oh yes, many times. It will fail I'm afraid.
The issue is not whether you understand but whether it was given. They do not have to prove you understood. They just have to prove it was given in accordance with the requirements.
To be wholly honest, I'm afraid it is quite unlikely that a court is going to accept this as mitigation anyway. The warning is simple enough. Things like pain and medication may well amount to a distraction but it does not interfere with the capacity to understand a very simple warning. Shock would have no impact and neither would concussion unless you were actually unconscious. The trouble with this is that it is very easy to say that type of thing but the Crown will call medical evidence which will be to the effect that it just doesn't stand up to scrutiny unfortunately.
I'm very sorry and I know this isn't what you want to hear but it is a lot better to hear it from me than from the convicting Magistrates who make you pay Crown's costs.
Can I clarify anything for you?
Customer: replied 2 years ago.

Many thanks. I have been told by a reputable Solicitor (***** *****, Manchester) that for a package costing £5000, I can expect some reasonable probability of the conviction being dismissed (I'm unsure of the details but they claim 97%ish success).

I'm sure you know more than I do, but does this sound reasonable and do these specialist types have workable defences?

Many thanks and apologies for the delay, I'm currently on bail for a 250K cannabis factory involvement. I've had a successful professional career and am respected as a businessman. As you might expect, I'm not coping too well.

Thanks again.

Expert:  Jo C. replied 2 years ago.
Well they have any defences that aren't available to anybody else. They have had vision of the case though and I have not so their advice is probably more reliable. Specialism is expensive I'm afraid.