Road Traffic Act 1988 s.6D – Arrest

(1)A constable may arrest a person without warrant if as a result of a preliminary breath test [^F36 or preliminary drug test the constable reasonably suspects that—

(a)the proportion of alcohol in the person's breath or blood exceeds the prescribed limit, or

(b)the person has a specified controlled drug in his body and the proportion of it in the person's blood or urine exceeds the specified limit for that drug.^F36]

[^F37 (1A)The fact that specimens of breath have been provided under section 7 of this Act by the person concerned does not prevent subsection (1) above having effect if the constable who imposed on him the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol in the breath of the person.^F37]

(2)A constable may arrest a person without warrant if—

(a)the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6, and

(b)the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.

[^F38 (2A)A person arrested under this section may, instead of being taken to a police station, be detained at or near the place where the preliminary test was, or would have been, administered, with a view to imposing on him there a requirement under section 7 of this Act.^F38]

[^F39 (2A)Instead of, or before, arresting a person under this section, a constable may detain the person at or near the place where the preliminary test was, or would have been, administered with a view to imposing on the person there a requirement under section 7.^F39]

(3)A person may not be arrested under this section while at a hospital as a patient.

Definitions used in section 6D 2

test: (a) “test” includes “inspect” or “inspection”, as the case may require, and
Defined in s.67(10) · see it in the full Act
prescribed: “prescribed” (except in section 5A) means prescribed by regulations made by the Secretary of State,
Defined in s.192(1) · see it in the full Act

Cases considering section 6D 3

Crown Prosecution Service, R (on the application of) v Wolverhampton Magistrates' Court

[2009] EWHC 3467 (Admin) · 27 November 2009Limits

Confirms that the specific statutory arrest conditions governing the relevant road traffic offences should not be bypassed by resort to the general arrest power in section 24 of PACE. (see para [14]) Applies the arrest precondition linked to completion of a preliminary breath test. Since no such test was carried out, the provision did not supply the arrest power relied upon. (see para [8]) Applies the arrest precondition concerning failure to cooperate with a statutory roadside test. No such test had been sought, so this provision did not supply the arrest power on the facts. (see para [8])

Director of Public Prosecutions v Wilson

[2009] EWHC 1988 (Admin) · 21 July 2009Limits

Section 6D(3) prohibited arresting a person while at hospital as a patient. The court held that breach of this prohibition did not invalidate subsequent testing carried out in accordance with the other statutory requirements (see paras [4], [10]-[11]).

Kohler v Director of Public Prosecutions

[2010] EWHC 2886 (Admin) · 9 July 2010

Confirms that a person may not be arrested under section 6D while at hospital as a patient, although the prohibited arrest did not invalidate later section 7 procedures. (see paras [8]-[9], [31])

What each judgment says about section 6D is in the case-law panel in the full Act.

Amendments and notes

6 notes from legislation.gov.uk

Amendments

F36Words in s. 6D(1) substituted (2.3.2015 for E.W., 1.3.2018 in so far as not already in force) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 4 (with Sch. 22 para. 8); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2; S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2
F37S. 6D(1A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 154(2), 178; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5))
F38S. 6D(2A) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 154(3), 178; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5))
F39S. 6D(2A) substituted (S.) (25.1.2018) by Criminal Justice (Scotland) Act 2016 (asp 1), s. 117(2), sch. 2 para. 36; S.S.I. 2017/345, art. 3, sch. (with art. 4)

Modifications

C4Ss. 4-11 applied (with modifications) (5.8.2011) by The Road Traffic (Drink and Drugs) (Cambridgeshire Guided Busway) Regulations 2011 (S.I. 2011/1652), regs. 1, 3
C9Ss. 6A-6E applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3