Road Traffic Act 1988, section 7

Provision of specimens for analysis

Part I Principal Road Safety Provisions

(1)In the course of an investigation into whether a person has committed an offence under [F40section 3A, 4F40] or 5 of this Act a constable may, subject to the following provisions of this section and section 9 of this Act, require him—

(a)to provide two specimens of breath for analysis by means of a device of a type approved by the Secretary of State, or

(b)to provide a specimen of blood or urine for a laboratory test.

[F41 (1A)In the course of an investigation into whether a person has committed an offence under section 5A of this Act a constable may, subject to subsections (3) to (7) of this section and section 9 of this Act, require the person to provide a specimen of blood or urine for a laboratory test.F41]

(2)A constable may make a requirement under this section to provide specimens of breath only if—

(a)the requirement is made at a police station or a hospital,

(b)the requirement is imposed in circumstances where section 6(5) of this Act applies, or

(c)the constable is in uniform.

F42(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C)Where a constable has imposed a requirement on the person concerned to co-operate with a relevant breath test at any place, he is entitled to remain at or near that place in order to impose on him there a requirement under this section.

[F43 (2CA) For the purposes of subsection (2C) “a relevant breath test” is a procedure involving the provision by the person concerned of a specimen of breath to be used for the purpose of obtaining an indication whether the proportion of alcohol in his breath or blood is likely to exceed the prescribed limit. F43]

(2D)If a requirement under subsection (1)(a) above has been made at a place other than at a police station, such a requirement may subsequently be made at a police station if (but only if)—

(a)a device or a reliable device of the type mentioned in subsection (1)(a) above was not available at that place or it was for any other reason not practicable to use such a device there, or

(b)the constable who made the previous requirement has reasonable cause to believe that the device used there has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned.

(3)A requirement under this section to provide a specimen of blood or urine can only be made at a police station or at a hospital; and it cannot be made at a police station unless—

(a)the constable making the requirement has reasonable cause to believe that for medical reasons a specimen of breath cannot be provided or should not be required, or

(b)[F44 specimens of breath have not been provided elsewhere andF44] at the time the requirement is made a device or a reliable device of the type mentioned in subsection (1)(a) above is not available at the police station or it is then for any other reason not practicable to use such a device there, or

F45 (bb)a device of the type mentioned in subsection (1)(a) above has been used [F46 (at the police station or elsewhere)F46] but the constable who required the specimens of breath has reasonable cause to believe that the device has not produced a reliable indication of the proportion of alcohol in the breath of the person concerned, or

[F47 (bc)as a result of the administration of a preliminary drug test, the constable making the requirement has reasonable cause to believe that the person required to provide a specimen of blood or urine has a drug in his body, orF47]

(c)the suspected offence is one under section 3A [F48, 4 or 5AF48] of this Act and the constable making the requirement has been advised by a medical practitioner [F49or a registered health care professionalF49] that the condition of the person required to provide the specimen might be due to some drug;

but may then be made notwithstanding that the person required to provide the specimen has already provided or been required to provide two specimens of breath.

(4)If the provision of a specimen other than a specimen of breath may be required in pursuance of this section the question whether it is to be a specimen of blood or a specimen of urine [F50and, in the case of a specimen of blood, the question who is to be asked to take it shall be decided (subject to subsection (4A)) by the constable making the requirementF50] .

[F51 (4A)Where a constable decides for the purposes of subsection (4) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if—

(a)the medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or

(b)the registered health care professional who is asked to take it is of that opinion and there is no contrary opinion from a medical practitioner;

and, where by virtue of this subsection there can be no requirement to provide a specimen of blood, the constable may require a specimen of urine instead.F51]

(5)A specimen of urine shall be provided within one hour of the requirement for its provision being made and after the provision of a previous specimen of urine.

[F52 (5A)A constable may arrest a person without warrant if—

(a)the person fails to provide a specimen of breath when required to do so in pursuance of this section, and

(b)the constable reasonably suspects that the person has alcohol in his body.F52]

(6)A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence.

(7)A constable must, on requiring any person to provide a specimen in pursuance of this section, warn him that a failure to provide it may render him liable to prosecution.

Definitions used in section 7 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 7 85

Public Prosecution Service v McKee (Northern Ireland)

[2013] UKSC 32 · 22 May 2013Limits

The provision limited a lawfully required breath specimen to one analysed by an approved device. That rule concerned a transient measurement and was not analogous to reproducible fingerprints. (see paras [13]-[15])

Russell (Respondent) v. Devine (AP) (Appellant) (On Appeal from the Court of Appeal Northern Ireland) (Northern Ireland).

[2003] UKHL 24 · 8 May 2003Interprets

The provision was materially identical to article 18(4). Section 57(3) of the later enactment confirmed that it permitted a doctor to take blood somewhere other than a police station or hospital. This informed construction of the Northern Ireland provision. (See Lord Hutton's discussion of the enactments in pari materia.)

Twigg v R.

[2019] EWCA Crim 1553 · 13 September 2019Limits

The court held that a breach of a procedure associated with obtaining a specimen under section 7 does not, without more, render the specimen automatically inadmissible. The breach is relevant to the statutory fairness assessment. (see paras [62]-[63]; [72]-[73]) The court accepted that non-compliance with a condition for requiring a blood or urine specimen under section 7(3) does not itself make the resulting evidence inadmissible. The effect of a breach ordinarily falls for assessment under section 78 of the Police and Criminal Evidence Act 1984. (see paras [68]-[73]) The court referred to the provision in considering an analogous decision. It approved the view that non-compliance with a condition in section 7(3) does not necessarily require exclusion of a blood specimen. (see paras [68]-[71]) The required healthcare-professional advice that the person’s condition might be due to a drug had not been given. The court held that this procedural breach did not automatically exclude a consensual blood sample and did not make admission unfair on the facts. (see paras [29]; [72]-[73]) The court distinguished authority concerning failure to give the compulsory warning in section 7(7). That safeguard was connected with the statutory compulsion to provide self-incriminating evidence and did not establish automatic exclusion for every breach of section 7. (see paras [56]-[63])

65 more judgments, and what each says about section 7, are in the case-law panel in the full Act.

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F40Words in S. 7(1) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4 para. 42(a); S.I. 1992/1286, art. 2, Sch.
  2. F41S. 7(1A) inserted (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. 5(2) (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
  3. F42S. 7(2A)(2B) omitted (10.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 3(3); S.I. 2015/994, art. 4
  4. F43S. 7(2CA) inserted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 3(4); S.I. 2015/994, art. 4
  5. F44Words in s. 7(3)(b) inserted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 154(6)(a), 178; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5))
  6. F45S. 7(3)(bb) inserted (4.7.1996 but with effect (1.4.1997) as mentioned in s. 63(3)(4)) by 1996 c. 25, s. 63(1) (with s. 78(1)); S.I. 1997/682, art. 2(1)(b)
  7. F46Words in s. 7(3)(bb) substituted (1.7.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 154(6)(b), 178; S.I. 2005/1521, art. 3(1) (subject to art. 3(4)(5))
  8. F47S. 7(3)(bc) inserted (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 107, 120, Sch. 7 para. 2; S.I. 2004/827, art. 3
  9. F48Words in s. 7(3)(c) 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. 5(3) (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
  10. F49Words in s. 7(3)(c) inserted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 5; S.I. 2015/994, art. 4
  11. F50Words in s. 7(4) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 55(1), 108(2); S.I. 2003/808, art. 2(e)
  12. F51S. 7(4A) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 55(2), 108(2); S.I. 2003/808, art. 2(e)
  13. F52S. 7(5A) inserted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 3(5); S.I. 2015/994, art. 4

Modifications

  1. 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
  2. C11S. 7 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