Butler v Easton: QBD 1970

The initial formalities of a request for a specimen of blood from a driver took place at one police station, but no doctor was available there and the suspect was taken to another police station where a specimen was given. He challenged his conviction on the ground that evidence of the specimen analysis was inadmissible because the specimen had been provided at a different police station. The prosecutor contended that the place for the requirement was specified by the subsection but the place for provision of the specimen was wholly and entirely within the discretion of the police.
Held: Evidence of the specimen analysis had been inadmissible for want of compliance with the statutory procedure and quashed the conviction.

Judges:

Lord Parker CJ, Ashworth and Cantley JJ

Citations:

[1970] RTR 109

Statutes:

Road Safety Act 1967 3(1)

Jurisdiction:

England and Wales

Cited by:

CitedRussell v Devine (On Appeal from the Court of Appeal Northern Ireland) HL 8-May-2003
The House was asked whether a specimen of blood required under the regulations, having been requested at a hospital or health centre had to be taken there.
Held: The health centre was not a hospital within the regulations. However the request . .
Not FollowedMilne v M’Donald HCJ 1971
The court was asked whether a blood specimen having been requested at one police station, it could be taken at another.
Held: The requirement to provide a specimen for a laboratory test is something different from the actual providing of the . .
DisapprovedPascoe v Nicholson HL 1981
A specimen of blood was required at one police station but provided at another.
Held: The request was validly made. . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 05 May 2022; Ref: scu.182093