Section 15 Use of specimens in proceedings for an offence under any of sections 3A to 5A of the Road Traffic Act.F16C1C2
United Kingdom
This section and section 16 of this Act apply in respect of proceedings for an offence under F1F2any of sections 3A to 5A of the Road Traffic Act 1988 (driving offences connected with drink or drugs); and expressions used in this section and section 16 of this Act have the same meaning as in F3sections 3A to 10 of that Act.
Evidence of the proportion of alcohol or any drug in a specimen of breath, blood or urine provided by F4or taken from the accused shall, in all cases F5(including cases where the specimen was not provided F6or taken in connection with the alleged offence), be taken into account F7and—
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;
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.
F9The assumption in subsection (2)(a) above shall not be made if the accused proves—
that he consumed alcohol before he provided the specimen F10or had it taken from him and—
in relation to an offence under section 3A, after the time of the alleged offence, and
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
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.
The assumption in subsection (2)(b) above is not to be made if the accused proves—
that he took the drug before he provided the specimen or had the specimen taken from him and—
in relation to an offence under section 3A, after the time of the alleged offence, and
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
that had he not done so the proportion of the drug in his blood or urine—
in the case of a specified controlled drug, would not have exceeded the specified limit for that drug, and
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.
A specimen of blood shall be disregarded F12unless-
it was taken from the accused with his consent F13by a medical practitioner or a registered health care professional, or
it was taken from the accused by a medical practitioner F14or a registered health care professional under section 7A of the Road Traffic Act 1988 and the accused subsequently gave his permission for a laboratory test of the specimen.
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—
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
the other part was supplied to the accused.
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—
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
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.
Annotations
Textual amendments
- F1
Words 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.
- F2
Words 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
- F3
Words 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.
- F4
Words in S. 15(2) inserted (1.10.2002) by 2002 c. 53, s. 57(1), S.I. 2002/2306 art. 2(d)(v)
- F5
Words 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.
- F6
Words in s. 15(2) inserted (1.10.2002) by 2002 c. 53, s. 57(1), S.I 2002/2306, art. 2(d)(v)
- F7
Words 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
- F8
S. 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.
- F9
Words 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
- F10
Words in s. 15(3)(a) inserted (1.10.2002) by 2002 c. 53, s. 57(2), S.I. 2002/2306, art. 2(d)(v)
- F11
S. 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
- F12
Words 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)
- F13
Words 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
- F14
Words 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
- F15
S. 15(5A) inserted (1.10.2002) by 2002 c. 53, s. 57(4), S.I. 2002/2306, art. 2(d)(v)
- F16
Words 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
Modifications
- C1
S. 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)
- C2
S. 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)
Notes on Part I
Modifications
- C1
Pt. 1 applied (E.W.S.) (30.5.2024) by The Rixton and Warburton Bridge Order 2024 (S.I. 2024/630), arts. 1, 3(16)