Crime and Courts Act 2013

Road Traffic Offenders Act 1988 (c. 53)

10 (1) Section 15 (use of specimens in proceedings for an offence under section 3A, 4 or 5 of the Road Traffic Act) is amended as follows.

(2) In the sidenote, for “section 4 or 5” substitute “any of sections 3A to 5A”.

(3) In subsection (1), for “section 3A, 4 or 5” substitute “any of sections 3A to 5A”.

(4) In subsection (2), for the words from “and, subject to” to the end substitute “and—

(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.”

(5) In subsection (3), for “That assumption” substitute “The assumption in subsection (2)(a) above”.

(6) After subsection (3) insert—

“(3A) 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.”