HC Deb 18 October 1968 vol 770 cc816-8

Lords Amendment No. 122: In page 98, line 32, at end insert new Clause "J": J.—(1) The provisions of this section shall have effect where a person (in this section referred to as an 'authorised officer') seizes a substance or article (other than a document) in the exercise of such a right as is specified in subsection (4) of section 104 of this Act (including that subsection as applied by subsection (7) of that section). (2) If any person who in accordance with subsection (6) of that section is entitled to be informed of the seizure so requests, either at the time of the seizure or at any subsequent time, not being later than twenty-one days after he is informed of the seizure, then, subject to the next following subsection, the authorised officer shall either—

  1. (a) set aside a sample of the substance or article seized, or
  2. (b) treat that substance or article as a sample,
whichever he considers more appropriate having regard to the nature of that substance or article. (3) An authorised officer shall not be required by virtue of subsection (2) of this section to set aside a sample, or to treat a substance or article as a sample, if the nature of the substance or article is such that it is. not reasonably practicable to do either of those things. (4) Where in accordance with subsection (2) of this section an authorised officer sets aside a sample, or treats a substance or article as a sample, he shall divide it into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall supply one part of it to the person who made the request under subsection (2) of this section. (5) Paragraphs 10, 11 and 11A and paragraphs 13 to 25 of Schedule 3 to this Act shall have effect in relation to a sample set aside, or a substance or article treated as a sample, in accordance with subsection (2) of this section as they have effect in relation to a sample obtained as mentioned in paragraph 1 of that Schedule, but as if in those paragraphs—
  1. (a) any reference to a sampling officer were a reference to an authorised officer;
  2. (b) any reference to a sample included a reference to a substance or article treated as a sample;
  3. (c) any reference to the preceding provisions of that Schedule were a reference to the preceding provisions of this section; and
  4. (d) any reference to the relevant enforcement authority were a reference to the authority by whom the authorised officer is authorised for the purposes of section 104 of this Act,
and as if in paragraph 22(1) of that Schedule the reference to a substance or article obtained as mentioned in paragraph 1 of that Schedule were a reference to a substance or article of which a sample has been set aside, or which has been treated as a sample, in accordance with subsection (2) of this section.

Mr. K. Robinson

I beg to move, That this House doth agree with the Lords in the said Amendment.

Schedule 3 provides for the division of samples into three parts for their analysis or other examination and with regard to the use of certificates of analysis in proceedings. One part goes to the person on whom the sample has been obtained, so that he can have it independently tested, one is available for the enforcement authority to have tested, and the third is kept as a reference sample in case of dispute.

In Committee, the hon. Member for Somerset, North (Mr. Dean) drew attention to the fact that there are no similar provisions where, under the special powers in subsection (4) of Clause 104, the enforcement officer seizes and detains the whole of a substance or articles which he has reasonable cause to believe to be one in relation to which or by means of which an offence has occurred.

We have considered this point and agree that it would be right to provide safeguards. The new Clause accordingly allows the person from whom a substance or article has been seized, within 21 days to request the enforcement officer to provide a sample or to treat the whole as a sample, and requires the enforcement officer to do so where this is reasonably practicable. When a sample is provided or the whole is treated as a sample the relevant provisions of Schedule 3 will apply.

Question put and agreed to.