Case Summary
Alderson v Booth [1969] 2 QB 216 was a key case in UK criminal and road traffic law, concerning the definition of arrest and whether a suspect must be made aware that they are under compulsion.
The defendant, Geoffrey Booth, was involved in a road traffic accident and provided a positive roadside breath test under the Road Safety Act 1967. The police officer, believing Booth had exceeded the legal alcohol limit, told him: “I shall have to ask you to come to the police station for further tests.” Booth voluntarily accompanied the officer.
At the station, Booth provided further breath and blood samples, which confirmed that he had 203 mg of alcohol per 100 ml of blood, well above the legal limit. He was subsequently charged under section 1(1) of the Road Safety Act 1967 for driving with excess alcohol.
The defence argued that Booth had never been formally arrested and that his blood sample should not be admissible as it was not taken under a lawful arrest. The magistrates agreed and dismissed the case. The prosecution appealed, arguing that Booth had been effectively under arrest when he was required to go to the station.
The Queen’s Bench Division (QBD) upheld the magistrates’ decision, ruling that there was no valid arrest because Booth had not been clearly informed that he was under compulsion.
Alderson v Booth [1969] is referenced on page 221 of Copper Stopper.