Mr GF

Mr GF was convicted in July 2023 at Sefton Magistrates’ Court of failing to comply with a roadside preliminary breath test. He received a £240 fine and a disqualification from driving for 20 months.

The CCRC received an application for review of the conviction in September 2023.

Mr GF had repeatedly refused to provide a specimen of breath at the roadside, claiming he did not believe that the police officer was a real officer.

Mr GF’s psychological vulnerabilities, including his autism, meant that he should have been provided with an appropriate adult when interviewed at the police station. This did not happen.

Following review, the CCRC concluded that there was a real possibility the Crown Court would exclude the evidence of the drink drive procedure under s78 Police Criminal and Evidence Act 1984, based on the failure to secure the attendance of an appropriate adult. 

The CCRC was also satisfied that there was no real possibility that Mr GF’s guilty plea in the Magistrates’ Court would be considered as evidence of a confession.  

The CCRC referred the conviction in June 2024.

The Crown Court quashed the conviction in August 2024.