HL Deb 31 July 1962 vol 243 cc178-9

Clause 2, page 2, line 32, at end insert—

("(6) Where, after the coming into operation of this subsection, a constable requests any person to provide a specimen of breath—

  1. (a) subsection (4) of this section shall apply in relation to the specimen as it applies in relation to a specimen of urine; and
  2. (b) the constable shall offer to supply to that person, in a suitable container, another specimen of breath which he may consent to provide.")


My Lords, this Amendment adds a new subsection to Clause 2. The effect of it will be that, after it is enforced, a police officer who asks any person to provide a specimen of breath must offer to supply another specimen of that breath in a suitable container. If it is not so supplied, as in the case of blood or urine, evidence of the proportion of alcohol in it will not be admissible. In the case of blood and urine, specimens have to be offered in suitable containers to the accused, and so it will be with breath as and when tests come along. This provision will not be brought into force, of course, until there are proper, adequate and trustworthy methods of both testing and keeping specimens of breath in suitable containers, but it seems wise to take powers now for when that day comes. I beg to move that this House doth agree with he Commons in the said Amendment.

Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Chesham.)

On Question, Motion agreed to.