Road Traffic Offenders Act 1988

15 Use of specimens in proceedings for an offence under section 4 or 5 of the Road Traffic Act. U.K.

(1) This section and section 16 of this Act apply in respect of proceedings for an offence under [F1 section 3A, 4 or 5 of the Road Traffic Act 1988 (driving offences connected with drink or drugs)]; and expressions used in this section and section 16 of this Act have the same meaning as in [F2 sections 3A to 10] of that Act.

(2) Evidence of the proportion of alcohol or any drug in a specimen of breath, blood or urine provided by [F3 or taken from]the accused shall, in all cases [F4 (including cases where the specimen was not provided [F5 or taken]in connection with the alleged offence)], be taken into account and, subject to subsection (3) below, it shall be assumed that the proportion of alcohol in the accused’s breath, blood or urine at the time of the alleged offence was not less than in the specimen.

F6 [( 3 ) That assumption shall not be made if the accused proves—

(a) that he consumed alcohol before he provided the specimen [F7 or had it taken from him]] and—

(i) in relation to an offence under section 3A, after the time of the alleged offence, and

(ii) otherwise, after he had ceased to drive, attempt to drive or be in charge of a vehicle on a road or other public place, and

(b) that had he not done so the proportion of alcohol in his breath, blood or urine would not have exceeded the prescribed limit and, if it is alleged that he was unfit to drive through drink, would not have been such as to impair his ability to drive properly.

(4) A specimen of blood shall be disregarded [F8 unless-

(a) it was taken from the accused with his consent and either—

(i) in a police station by a medical practitioner or a registered health care professional; or

(ii) elsewhere by a medical practitioner;

or

(b) it was taken from the accused by a medical practitioner under section 7A of the Road Traffic Act 1988 and the accused subsequently gave his permission for a laboratory test of the specimen.]

(5) Where, at the time a specimen of blood or urine was provided by the accused, he asked to be provided with such a specimen, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—

(a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen provided by the accused was divided at the time it was provided, and

(b) the other part was supplied to the accused.

[F9 (5A) Where a specimen of blood was taken from the accused under section 7A of the Road Traffic Act 1988, evidence of the proportion of alcohol or any drug found in the specimen is not admissible on behalf of the prosecution unless—

(a) the specimen in which the alcohol or drug was found is one of two parts into which the specimen taken from the accused was divided at the time it was taken; and

(b) any request to be supplied with the other part which was made by the accused at the time when he gave his permission for a laboratory test of the specimen was complied with.]

Textual Amendments

F1 Words in s. 15(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 87(2); S.I. 1992/1286, art. 2, Sch.

F2 Words in s. 15(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 87(2); S.I. 1992/1286, art. 2, Sch.

F3 Words in S. 15(2) inserted (1.10.2002) by 2002 c. 53, s. 57(1), S.I. 2002/2306 art. 2(d)(v)

F4 Words in s. 15(2) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 87(3); S.I. 1992/1286, art. 2, Sch.

F5 Words in s. 15(2) inserted (1.10.2002) by 2002 c. 53, s. 57(1), S.I 2002/2306, art. 2(d)(v)

F6 S. 15(3) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 87(4); S.I. 1992/1286, art. 2, Sch.

F7 Words in s. 15(3)(a) inserted (1.10.2002) by 2002 c. 53, s. 57(2), S.I. 2002/2306, art. 2(d)(v)

F8 Words in s. 15(4) substituted (1.10.2002 except for the words “or a registered health care professional”) by 2002 c. 30, s. 57(3), S.I. 2002/2306, art. 2(d)(v)

F9 S. 15(5A) inserted (1.10.2002) by 2002 c. 53, s. 57(4), S.I. 2002/2306, art. 2(d)(v)

Modifications etc. (not altering text)

C1 S. 15 applied (with modifications) (29.3.2004 for specified purposes, 30.3.2004 in so far as not already in force) by Railways and Transport Safety Act 2003 (c. 20), s. 83(1)(3); S.I. 2004/827, arts. 2, 3(f)

C2 S. 15 applied (with modifications) (29.3.2004 for specified purposes, 30.3.2004 in so far as not already in force) by Railways and Transport Safety Act 2003 (c. 20), s. 96(1)(3); S.I. 2004/827, arts. 2, 3(s)