Road Traffic Offenders Act 1988, section 15

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

Part I Trial

(1)This section and section 16 of this Act apply in respect of proceedings for an offence under [[F44,F45 any of sections 3A to 5AF45] of the Road Traffic Act 1988 (driving offences connected with drink or drugs)F44] ; and expressions used in this section and section 16 of this Act have the same meaning as in [F46sections 3A to 10F46] of that Act.

(2)Evidence of the proportion of alcohol or any drug in a specimen of breath, blood or urine provided by [F47or taken fromF47] the accused shall, in all cases [F48(including cases where the specimen was not provided [F49 or takenF49] in connection with the alleged offence)F48] , be taken into account [F50and—

(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.F50]

[F51 (3)[F52 The assumption in subsection (2)(a) aboveF52] shall not be made if the accused proves—

(a)that he consumed alcohol before he provided the specimen [F53 or had it taken from himF53] 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.F51]

[F54 (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.F54]

(4)A specimen of blood shall be disregarded [F55unless-

(a)it was taken from the accused with his consent [F56 by a medical practitioner or a registered health care professionalF56] , or

(b)it was taken from the accused by a medical practitioner [F57 or a registered health care professionalF57] under section 7A of the Road Traffic Act 1988 and the accused subsequently gave his permission for a laboratory test of the specimen.F55]

(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.

[F58 (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.F58]

Definitions used in section 15 2

drive

“drive” has the same meaning as in the Road Traffic Act 1988 ,

Defined in s.98(1) · see it in the full Act
road

“road”—

Defined in s.98(1) · see it in the full Act

Cases considering section 15 33

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

[2003] UKHL 24 · 8 May 2003Interprets

The House adopted the reasoning that admissibility of test results depends upon observance of the statutory specimen procedure. Its language permits no different rule merely because a breach caused no prejudice. (See Lord Hutton's final discussion of Murray v Director of Public Prosecutions.) As amended, the provision permits blood to be taken with consent either at a police station by an authorised professional or elsewhere by a medical practitioner. The amendment was treated as recognising, rather than changing, the pre-existing law. (See Lord Bingham's fifth paragraph and Lord Hutton's discussion of section 57(3).)

Twigg v R.

[2019] EWCA Crim 1553 · 13 September 2019Limits

The court treated section 15 as the statutory scheme governing use of road-traffic specimens. It distinguished the express direction in section 15(4) from a procedural breach under section 7 of the Road Traffic Act 1988. (see paras [30]; [63]) The court held that the House of Lords had not authoritatively decided whether the predecessor wording, now reflected in section 15(2), implied full compliance with the statutory procedure. The point was left open. (see paras [45]-[55]) The court treated the express requirement to disregard a blood specimen obtained without the specified consent as decisive statutory contrast. It explained that the earlier authority concerning a missing warning turned on consent being vitiated. (see paras [63]; [70]-[72])

Coe, R. v

[2009] EWCA Crim 1452 · 14 July 2009Disapplies

The court interpreted section 15(1) as applying, in relation to section 3A, only to paragraphs (a) and (b), where drink, drugs or alcohol level are elements of the offence. It therefore did not govern the admissibility of blood analysis in a section 3A(1)(c) prosecution. (see paras [33]-[35]) The court accepted that the bracketed wording can extend section 15 to a routine hospital blood sample. That did not assist the appellant because section 15(1) confined the whole section to different forms of offence. (see para [33]) The court held that section 15 as a whole had no bearing on the section 3A(1)(c) prosecution. The consent safeguard in section 15(4) therefore did not require the routine hospital sample to be disregarded. (see paras [23]; [33]) The court held that section 15 as a whole had no bearing on the section 3A(1)(c) prosecution. The divided-specimen requirement in section 15(5) therefore did not make the blood-analysis evidence inadmissible. (see paras [23]; [33])

13 more judgments, and what each says about section 15, are in the case-law panel in the full Act.

Amendments and notes

18 notes from legislation.gov.uk

Amendments

  1. F43Words in s. 15 heading substituted (2.3.2015 for E.W., 1.3.2018 for S., 1.3.2018 for N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 10(2) (with Sch. 22 para. 14); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2
  2. F44Words 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.
  3. F45Words in s. 15(1) substituted (2.3.2015 for E.W., 1.3.2018 for S., 1.3.2018 for N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 10(3) (with Sch. 22 para. 14); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2
  4. F46Words 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.
  5. F47Words in S. 15(2) inserted (1.10.2002) by 2002 c. 53, s. 57(1), S.I. 2002/2306 art. 2(d)(v)
  6. F48Words 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.
  7. F49Words in s. 15(2) inserted (1.10.2002) by 2002 c. 53, s. 57(1), S.I 2002/2306, art. 2(d)(v)
  8. F50Words in s. 15(2) substituted (2.3.2015 for E.W., 1.3.2018 for S., 1.3.2018 for N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 10(4) (with Sch. 22 para. 14); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2
  9. F51S. 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.
  10. F52Words in s. 15(3) substituted (2.3.2015 for E.W., 1.3.2018 for S., 1.3.2018 for N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 10(5) (with Sch. 22 para. 14); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2
  11. F53Words in s. 15(3)(a) inserted (1.10.2002) by 2002 c. 53, s. 57(2), S.I. 2002/2306, art. 2(d)(v)
  12. F54S. 15(3A) inserted (2.3.2015 for E.W., 1.3.2018 for S., 1.3.2018 for N.I.) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 22 para. 10(6) (with Sch. 22 para. 14); S.I. 2014/3268, art. 2; S.I. 2018/161, art. 2; S.I. 2018/162, art. 2
  13. F55Words 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)
  14. F56Words in s. 15(4)(a) substituted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 10(a); S.I. 2015/994, art. 4
  15. F57Words in s. 15(4)(b) inserted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 10(b); S.I. 2015/994, art. 4
  16. F58S. 15(5A) inserted (1.10.2002) by 2002 c. 53, s. 57(4), S.I. 2002/2306, art. 2(d)(v)

Modifications

  1. C28S. 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)
  2. C29S. 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)