Article 17D ArrestF1
Northern Ireland
A constable may arrest a person without warrant if as a result of a preliminary breath test F2or check-point breath test the constable reasonably suspects that the proportion of alcohol in the person's breath or blood exceeds the prescribed limit.
The fact that specimens of breath have been provided under Article 18 by the person concerned does not prevent paragraph (1) 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.
A constable may arrest a person without warrant if–
the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under Article 17 F4or a check-point breath test under Article 17CA , and
the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.
A person arrested under this Article may, instead of being taken to a police station, be detained at or near the place where the preliminary test F6or check-point breath test was, or would have been, administered, with a view to imposing on him there a requirement under Article 18.
A person may not be arrested under this Article while at a hospital as a patient.
Annotations
Textual amendments
- F1
Arts. 17 - 17E substituted (15.11.2007) for art. 17 by Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10)), arts. 1(3), 14; S.R. 2007/454, art. 2, Sch.
- F2
Words in art. 17D(1) inserted (25.11.2016) by Road Traffic (Amendment) Act (Northern Ireland) 2016 (c. 11), ss. 4(3)(a), 26(1); S.R. 2016/399, art. 2, Sch.
- F3
Art. 17D(1A) inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 59(2); S.R. 2008/293, art. 2, Sch.
- F4
Words in art. 17D(2)(a) inserted (25.11.2016) by Road Traffic (Amendment) Act (Northern Ireland) 2016 (c. 11), ss. 4(3)(b), 26(1); S.R. 2016/399, art. 2, Sch.
- F5
Art. 17D(2A) inserted (16.7.2008) by Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)), arts. 1(4), 59(3); S.R. 2008/293, art. 2, Sch.
- F6
Words in art. 17D(2A) inserted (25.11.2016) by Road Traffic (Amendment) Act (Northern Ireland) 2016 (c. 11), ss. 4(3)(c), 26(1); S.R. 2016/399, art. 2, Sch.