Charged With Failing To Provide A Specimen: What Do I Do Now?

Being accused of failing to provide a specimen for analysis can be extremely stressful. Many people assume that refusing or failing to provide a breath, blood or urine sample automatically means they will be convicted. However, these cases are often far more complicated than they first appear.

There are a number of potential defences available, particularly where there is a “reasonable excuse” for failing to provide. These cases are highly fact-sensitive and often turn on the detail of what happened at the police station.

What Is “Failing to Provide a Specimen”?

The offence usually arises when the police require a driver to provide an evidential sample at the police station. This includes samples of breath, blood or urine. If a person refuses or fails to provide the required specimen, they may be charged with failing to provide a specimen for analysis.

This offence is treated very seriously by the courts because the prosecution often argue that a refusal prevented the police from obtaining evidence of drink or drug driving.

Mental Health Conditions

Symptoms of mental health conditions can sometimes affect a person’s ability to:

Understand the statutory warning
Physically provide a sample of breath

When at the police station, many sufferers of mental health issue experience heightened symptoms. This can lead to anxiety/panic attacks that prevent that person from providing a sample.

Those with mental health conditions are often classified as vulnerable adults under the Police and Criminal Evidence Act (PACE). The police will often overlook this and fail to take certain steps, such as providing the suspect with an appropriate adult.

Needle Phobia

A fear of needles can also amount to a reasonable excuse in some circumstances. This commonly arises in drug driving investigations where the police request a blood sample.

A genuine phobia may cause:

Panic attacks
Extreme distress
Physical inability to comply

However, simply saying “I do not like needles” will usually not be enough. It is important to gather some other evidence to establish an evidential basis. In many cases, the best way to do this is to instruct an expert. Specialist solicitors will often have working relationships with experts that than prepare a report for you.

The Importance of the Statutory Warning

One of the most important aspects of these cases is the statutory warning given by the police. This is part of the MGDD procedure at the police station. This procedure involves an officer competing a lengthy booklet with you and asking a series of questions.

During the MGDD procedure, the police must properly explain what is required and the consequences of failing to provide a specimen. If the warning was unclear, misunderstood or not given at all, this can become an important defence issue.

The Role of the Crown Prosecution Service (CPS)

The CPS is responsible for proving the charge in court. Their role involves:

Evaluating the strength of the evidence.
Deciding whether the prosecution is in the public interest.
Considering whether there is a realistic prospect of achieving a conviction.
Presenting evidence to the court.

If you build a strong defence, the CPS is also able to withdraw the charge against you. A solicitor can make persuasive representations to the CPS not to proceed any further.