QUEEN'S BENCH DIVISION
B e f o r e :
(Vice President of the Court of Appeal, Criminal Division)
MR JUSTICE DOUGLAS BROWN
|CROWN PROSECUTION SERVICE||(DEFENDANT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR D POTTER appeared on behalf of the DEFENDANT
Crown Copyright ©
Monday, 23rd June 2003
"(h) Dr Lloyd was satisfied that blood could be taken. He took a blood specimen from the appellant and the specimen was divided into two samples. The appellant was asked which of the two samples she wanted. The appellant pointed to one of the samples. She never physically took hold of this sample. Both samples were sealed and placed in the refrigerator in the presence of the appellant at 0238 hours. Dr Lloyd then left the police station.
(i) The appellant was seated in the custody area until Sergeant McGeoghan completed the remainder of the paperwork. The appellant was released from the police station at 0250 hours.
(j) On leaving the police station, the appellant did not ask for the sample of blood she had pointed to earlier, which was at this stage in the refrigerator".
" Were we right, bearing in mind the facts as we found them, to come to the conclusion that the appellant had actually made a request to be supplied with a blood sample?  Bearing in mind that we found as facts --
(a) that the appellant had in effect requested one of the two samples of blood
(b) the a sample was never physically handed to the appellant at any stage, but was kept in the police station refrigerator thereafter, but was available for the appellant to collect at any time thereafter
Were we right to conclude that the concept of supply as we found came within and satisfied Section 15(5)(b) [of the Road Traffic Offenders Act 1988]"?
"(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".
"(c) The offer to supply the sample and the acceptance of that offer by the appellant is the equivalent of the appellant requesting the sample".