Road Traffic (No. 59) (Jersey) Regulations 2009
Made 7th October 2009
Coming into force 14th
October 2009
THE STATES, in pursuance of Order in Council of 26th December 1851[1] and Article 92 of the Road
Traffic (Jersey) Law 1956[2], have made the following Regulations –
1 Interpretation
In these Regulations,
“the Law” means the Road Traffic (Jersey) Law 1956[3].
2 Article
1 of Road Traffic (Jersey) Law 1956 amended
In Article 1(1) of the
Law, in the definition “motoring offence”, for the words
“Article 29(4) or 30(7)” there shall be substituted the words
“Article 29(4), 30(7) or 30B(4)”.
3 Article
26 amended
(1) In Article 26(1) of the
Law –
(a) in sub-paragraph (b), the word
“or” shall be deleted in the third place in which it occurs;
(b) in sub-paragraph (c), for the word
“it,” there shall be substituted the words “it; or”;
(c) after sub-paragraph (c) there shall be
added the following new sub-paragraph –
“(d) the
person is required by a police officer to give permission for a laboratory test
of a specimen of blood taken from the person under Article 30A, but
without reasonable excuse fails to do so,”.
(2) In Article 26(6) of the Law, for the
words “Article 27, 28 or 30” there shall be substituted the
words “Article 27, 28, 30 or 30B”.
4 Article
27 amended
In Article 27(6) of the Law, for the words
“Article 26, 28 or 30” there shall be substituted the words
“Article 26, 28, 30 or 30B”.
5 Article
28 amended
In Article 28(3) of the Law, for the words
“Article 26, 27 or 30” there shall be substituted the words “Article 26,
27, 30 or 30B”.
6 Article
30 amended
In Article 30(9) of the Law, for the words
“Article 26, 27 or 28” there shall be substituted the words
“Article 26, 27, 28 or 30B”.
7 New
Articles 30A and 30B inserted
After Article 30 of the Law there shall be inserted the
following Articles –
“30A Specimens
of blood from persons who cannot consent
(1) A police officer may ask a registered
medical practitioner to take a specimen of blood from a person, whether or not
that person consents, if the conditions in paragraph (2) are fulfilled.
(2) The conditions are –
(a) that the person concerned is one from whom
the police officer may under Article 30 (in the absence of any incapacity
of that person and of any objection under Article 32) require the provision
of a specimen of blood for a laboratory test;
(b) that it appears to that police officer that
the person has been involved in an accident that constitutes or is comprised in
the matter that is under investigation or the circumstances of that matter;
(c) that it also appears to that police officer
that the person is or may be incapable of giving consent to the taking of a
specimen of blood; and
(d) that it also appears to that police officer
that the person’s incapacity is attributable to medical reasons.
(3) A request under paragraph (1) shall not
be made to a registered medical practitioner who for the time being has any
responsibility for the clinical care of the person concerned (other than the
responsibility that would arise in respect of the taking of the specimen of
blood).
(4) A request under paragraph (1) shall not
be made to a registered medical practitioner other than a police medical
practitioner, unless –
(a) it is not reasonably practicable for the
request to made to a police medical practitioner; or
(b) it is not reasonably practicable for a
police medical practitioner who is willing to do so to take the specimen of
blood.
(5) It shall be lawful for a registered medical
practitioner to whom a request is made under paragraph (1), if he or she
thinks fit to do so –
(a) to take a specimen of blood from the person
concerned, whether or not that person consents; and
(b) to provide the sample to a police officer.
(a) ‘the person concerned’ means the
person from whom a police officer under paragraph (1) asks a registered
medical practitioner to take a specimen of blood;
(b) ‘police medical practitioner’
means a registered medical practitioner who is engaged under any agreement to
provide medical services for purposes connected with the activities of the
Honorary Police or the States of Jersey Police Force; and
(c) it is immaterial for the purposes of the
condition in paragraph (2)(c) that the person concerned has or has not
purported to give consent to the taking of a specimen of blood.
30B Testing
of blood taken under Article 30A
(1) If a specimen of blood is taken under
Article 30A, it shall not be subjected to a laboratory test unless the
conditions in paragraph (2) of this Article are fulfilled.
(2) The conditions are –
(a) that the person from whom the specimen of
blood was taken has been informed that it was taken;
(b) that he or she has been required by a police
officer to give permission for a laboratory test of the specimen; and
(c) that he or she has given permission.
(3) A police officer shall, on requiring a
person to give his or her permission for the purposes of this Article for a
laboratory test of a specimen of blood, warn that person that a failure to give
the permission may render the person liable to prosecution.
(4) A person who, without reasonable excuse,
fails to give his or her permission for a laboratory test of a specimen of
blood that has been taken from the person under Article 30A shall be
guilty of an offence and liable to a fine not exceeding £2000 or to imprisonment
for a term not exceeding 6 months or to both such fine and imprisonment.
(5) A person convicted of an offence under
paragraph (4) shall, unless the court for special reasons thinks fit to
order otherwise and without prejudice to the power of the court to order a
longer period of disqualification, in the case of a first offence, be disqualified
for a period of 12 months and in the case of a second or subsequent
offence committed within 10 years of the last such offence, for a period
of 3 years, for holding or obtaining a licence.
(6) In paragraph (5), ‘offence’
means an offence under this Article or under Article 26, 27, 28 or
30.”.
8 Article
32 amended
(1) In Article 32(1) of the Law, after the
words “he or she shall not be required” there shall be inserted the
words “under Article 30”.
(2) In Article 32 of the Law, after
paragraph (2) there shall be added the following paragraphs –
“(3) While
a person is at a hospital as a patient, no specimen of blood shall be taken
from the person under Article 30A, and he or she shall not be required to
give permission for a laboratory test of a specimen taken under that Article,
unless –
(a) the
registered medical practitioner in immediate charge of the person’s case
has been notified of the proposal to take the specimen or to make the
requirement; and
(b) the
medical practitioner has not objected on the ground specified in paragraph (4).
(4) The
ground on which the registered medical practitioner may object is that the
taking of the specimen, the requirement to give permission or the warning
required under Article 30B(3) would be prejudicial to the proper care and
treatment of the patient.”.
9 Article
33 amended
(1) In Article 33 of the Law –
(a) in paragraph (2), after the words
“blood or urine provided by” there shall be inserted the words
“or taken from”;
(b) in paragraph (2), after the words
“the specimen was not provided” there shall be inserted the words
“or taken”;
(c) in paragraph (3)(a), after the words
“before providing the specimen” there shall be inserted the words
“or having it taken,”;
(d) in paragraph (4), after the words
“registered medical practitioner” there shall be added the
following words –
“, or it was taken from the accused by a registered medical
practitioner under Article 30A and the accused subsequently gave his or
her permission for a laboratory test of the specimen”.
(2) After Article 33(5) of the Law there
shall be added the following paragraph –
“(6) Where
a specimen of blood was taken from the accused under Article 30A, 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 2 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 that was made by the accused at the
time when he or she gave permission for a laboratory test of the specimen was
complied with.”.
10 Article 35
amended
In Article 35(1) of the Law, for the words “27, 28 or
30” there shall be substituted the words “27, 28, 30 or 30B”.
11 Article
36 amended
In Article 36(1), in
the Table, in relation to the offence in the first column “causing death
by careless driving when under the influence of drink or drugs
(Article 26)”, there shall be added in the corresponding entry in
the second column, after the provision “failing to provide a specimen for
analysis or laboratory test (Article 30)”, the following
provision –
“failing to give permission for a laboratory test of a
specimen (Article 30B)”.
12 Schedules 1 and 3
amended
(1) Schedule 1 to the Law shall be amended
by inserting, under the sub-heading “C. OFFENCES AGAINST THE ROAD TRAFFIC
(JERSEY) LAW 1956.”, after the entry relating to Article 30(7),
the following entry –
|
“Article 30B(4)
|
(failing to give
permission for laboratory test of specimen of blood);”.
|
(2) Schedule 3 to the Law shall be amended –
(a) in the entry relating to Article 21, by
inserting after the figures “30” the figures “, 30B”;
(b) in the entry relating to Article 25, by
inserting after the figures “30” the figures “, 30B”;
(c) by inserting, after the entry relating to
Article 30(7), the following entry –
“Article 30B(4) – failing to give permission for
a laboratory test of specimen of blood”.
13 Citation and
commencement
(1) These
Regulations may be cited as the Road Traffic (No. 59) (Jersey) Regulations
2009.
(2) These
Regulations shall come into force on the seventh day after they are made.
a.h. harris
Deputy Greffier of the States