Last week, HHJ Crowther ordered the CPS to pay £9,960 in wasted costs following a defence application in a case concerning an allegation of dangerous driving against a police officer.
PC Henry Martin had been driving a police van in response to a report of a domestic stabbing. The suspect fled on a pedal cycle across an empty pavement, at which point the officer manoeuvred his vehicle ahead of the suspect and effected an arrest.
No criticism was made of the officer’s driving by any police driving expert. The CPS pursued the case for over a year before discontinuing proceedings shortly before the listed trial.
As a rule, costs are no longer recoverable by the defence in criminal cases. However, Mark Aldred advanced arguments he successfully utilised in the representation of parties in Unaoil and G4S which permit costs to be recovered in cases of “clear and stark errors” by the prosecuting authority.
The decision serves as a reminder of the importance of obtaining appropriate expert evidence in police driving cases, and of the Court’s power to make costs orders in cases where there has been “improper acts or omissions” by the prosecuting authority.
Mark Aldred