statute of limitations

[patricia]

Hi
as previously stated on this site..a friend of mine was breathalysed then blood test last May...letter received 6 weeks later saying blood test was under and so bail conditions dropped.August gets call from police that they have done back calculation and will prosecute as they think he was over the limit.This calculation was done with no facts of height weight ,what was eaten what was drunk etc.etc.
Managed to get legal aid and expert witness who said back calculation not accurate without these facts.Also have copy of the police request to their expert witness stating that the arresting officer had made errors in his first statement and if expert witness had the first statemant he was to "bin it".
Appeared in court and was ajourned.Was due in court on 23rd Dec but received letter saying CPS had dropped the case as not enough evidence.
Since received two letters from police saying they are putting together papers to send back to CPS.
Can they do this?
No new evidence.Are police out of time as duty solicitor says?

 

[SeanJoyceStephensons]

The double jeapordy rule won't apply because you were never tried for the offence. The letter of discontinuance you have received will have said that there was a possibility that a further prosecution could be brought in the future.

There is a 6 month time limit for prosecuting drink driving offences that runs from the date the police have knowledge of the offence and suspected offender. This means that the police must either charge you or "lay an information" within the 6 months. The argument from the proseution, I assume, is that this is the same information, rather than a new information.

Having said that there may be an argument that there has been an abuse of the court process.

A lot will depend on what evidnce the police now come up with. You say that there is no new evidence but do you actually know this for sure? For example, it may be that the expert has now been asked to provide a new report with the benefit of allthe information he did not have first time round.

You need very specific legal advice about this when/if you receive a summons.

 

[patricia]

Thanks for the reply.Fortunately it is a friend of mine not me in this situation.
I do not see how there can be any new evidence of the type you suggest as no one has actually asked my friend any questions as to eating drinking weight height etc.
I feel that the police action might be a threat as my friend and his wife were both stopped when driving three times in two days (all with no alcohol involved)after a complaint was made to the local constabulary regarding police actions
I will pass your information on.Thank you again