Court Case Files

  • Reference Number: 2806
  • Date released: 03 December 2010

Request

I have a few questions that I hope you can help me with. I am interested in cases dismissed because files/evidence were not present in time:

  • How many cases were dismissed because the case file was late in being presented to court
  • How many cases were dismissed because at least one file/evidence was missing
  • How many cases were delayed because at least one file/evidence was (temporarily?) mislaid 
  • What are the costs to the force when a file /evidence is mislaid or lost? Time, penalties etc?
  • Secondly I am interested in the results specific to drink driving:
  • How many people were stopped and breathalysed, how many (and %) were indicated as being over the limit? 
  • How many drink drive motoring offence cases (only under the category of Motoring) were prepared by your Police force and presented to the CPS, but did not reach a first hearing at court? 
  • Is there any information as to why the CPS decided not to prosecute a drink drive case presented to them, and if so, how are they categorised and what are the numbers/ percentages? 
  • Secondly, for the drink drive cases that were prosecuted but found not-guilty, are there any categories as to why the case was dismissed (if that’s the right word)

Response

In accordance with section 1 (1) (a) of the Act our response is provided below;

In respect of all of your questions with the exception of one, (see below), the Cheshire Constabulary does not hold any information. Its likely that the only body that may hold information is the Crown Prosecution Service.

In respect of your question:

  • How many people were stopped and breathalysed, how many (and %) were indicated as being over the limit?

I can confirm that we hold the information and in accordance with section 1 (1) (b) of the Act a copy has been provided.

Please see FOI 2806 Breath Tests

Please note the following:
There was a marked change in the number of tests recorded between 2007 and 2008 (and subsequently). The explanation for this difference was that breath test procedures changed with the introduction of Lion 500 electronic breath test units in 2008. The procedural changes have led to fewer overall tests (but more accurate data).

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