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§ Mr. ChopeI beg to move, amendment No. 27, in page 2, line 33, leave out from beginning to end of line 36 and insert—
'(c) he is, within 18 hours after that time, required to provide a specimen in pursuance of section 7 of this Act but without reasonable excuse fails to provide it,'.
§ Mr. Deputy Speaker (Sir Paul Dean)With this it will be convenient to discuss Government amendments Nos. 28, 29 and 30.
§ Mr. ChopeThese amendments deal with a technical but important point relating to the refusal to provide a specimen where the new "causing death" offence is alleged. It is important that there be no built-in incentive to refuse a specimen in drink-drive cases, but there is also a need to have a proper safeguard. This amendment incorporates a safeguard—that a person who has refused to provide a specimen more than 18 hours after the incident to which it related would not be able to be convicted of failing to provide a specimen. The time limit is 18 hours: although 880 obviously not exact, it is a proxy for a maximum period during which a person whose level was more than three times over the limit would probably have his blood alcohol level reduced to within the limit.
§ Amendment agreed to.
§ Amendments made: No. 28, in page 2, line 37, leave out from beginning to 'he'.
§ No. 29, in page 2, line 39, leave out from beginning to end of line 48.
§ No. 30, in page 3, line 4, leave out from beginning to 'above' and insert 'Subsection (1)(b) and (c)'.—[Mr. Chope.]