C3Part I Trial

Annotations:
Modifications etc. (not altering text)

Trial

C1C215 Use of specimens in proceedings for an offence under F12any of sections 3A to 5A of the Road Traffic Act.

1

This section and section 16 of this Act apply in respect of proceedings for an offence under F1F13any of sections 3A to 5A 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 F2sections 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 F3or taken from the accused shall, in all cases F4(including cases where the specimen was not provided F5or taken in connection with the alleged offence), be taken into account F14and—

a

it is to be assumed, subject to subsection (3) below, 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;

b

it is to be assumed, subject to subsection (3A) below, that the proportion of a drug in the accused's blood or urine at the time of the alleged offence was not less than in the specimen.

F63

F15The assumption in subsection (2)(a) above shall not be made if the accused proves—

a

that he consumed alcohol before he provided the specimen F7or 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.

F163A

The assumption in subsection (2)(b) above is not to be made if the accused proves—

a

that he took the drug before he provided the specimen or had the specimen 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 the drug in his blood or urine—

i

in the case of a specified controlled drug, would not have exceeded the specified limit for that drug, and

ii

if it is alleged that he was unfit to drive through drugs, would not have been such as to impair his ability to drive properly.

4

A specimen of blood shall be disregarded F8unless-

a

it was taken from the accused with his consent F10by a medical practitioner or a registered health care professional, or

b

it was taken from the accused by a medical practitioner F11or a registered health care professional 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.

F95A

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.