My blood sample bag - missing doctor & time
- Thread starter dpa
- Start date
SeanJoyceStephensons
Solicitor
The name of the medical practitioner who took the sample and the time it was taken should certainly have been entered on the evidence bag in which the sample is sealed. The prosecution must prove when the sample was taken and by whom.
Whether this affects it's admissibility in evidence will depend on a number of other factors. It may be that this information appears elsewhere within the prosecution evidence, such as on the certificate of analysis or HORT 5, which must be served at least 7 days before the trial. The prosecution could seek to rely on this other evidence to correct the omission.
An application to exclude evidence will often require complex legal argument with reference to case law in support.
Whether this affects it's admissibility in evidence will depend on a number of other factors. It may be that this information appears elsewhere within the prosecution evidence, such as on the certificate of analysis or HORT 5, which must be served at least 7 days before the trial. The prosecution could seek to rely on this other evidence to correct the omission.
An application to exclude evidence will often require complex legal argument with reference to case law in support.
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