32Evidentiary provisions—blood tests

32 Evidentiary provisions—blood tests

S. 32(1) substituted by No. 5/2016 s. 6(1).

approved analyst means an approved analyst within the meaning of section 57 of the Road Safety Act 1986;

approved laboratory means an approved laboratory within the meaning of section 57 of the Road Safety Act 1986;

(b) a person who conducts an analysis in an approved laboratory; or

(c) a person who is considered by the court to have scientific qualifications, training and experience that qualifies the person to carry out the analysis and to express the opinion to which this section relates.

S. 32(2) amended by Nos 20/1993 s. 9(1)(c), 93/2009 s. 47(2), 66/2012 s. 14(1).

(2) If the question—

S. 32(2)(a) amended by No. 20/1993 s. 9(1)(a).

(a) whether any person was or was not at any time under the influence of alcohol or any other drug; or

S. 32(2)(b) amended by No. 20/1993 s. 9(1)(b).

(b) as to the presence of alcohol or any other drug or the concentration of alcohol in the blood of any person at any time—

or if a finding on the analysis of a blood sample is relevant on a hearing for an offence against section 28(1) or on a trial or hearing for an offence against section 318(1) or 319(1) of the Crimes Act 1958 arising out of the operating of a vessel or, in the case of a master or pilot, arising out of the direction of the operation of a vessel, then, without affecting the admissibility of any evidence which might be given apart from the provisions of this section, evidence may be given—

S. 32(2)(c) amended by Nos 23/1994 s. 118(Sch. 1 item 34.5), 14/2000 s. 27(6), 23/2001 s. 22, 65/2010 s. 387, 66/2012 s. 14(2).

(c) of the taking, after that person was operating a vessel or the master or pilot of a vessel underway or at anchor, of a sample of blood from that person by a registered medical practitioner or an approved health professional; and

(d) of the analysis of that sample of blood by a properly qualified analyst within 12 months after it was taken; and

S. 32(2)(e) amended by No. 20/1993 s. 9(1)(d).

(e) of the presence of alcohol or any other drug and, if alcohol is present, of the concentration of alcohol expressed in grams per 100 millilitres of blood found by that analyst to be present in that sample of blood at the time of analysis.

S. 32(3) amended by Nos 23/1994 s. 118(Sch. 1 item 34.5), 14/2000 s. 27(6).

(3) A certificate in the prescribed form purporting to be signed by a registered medical practitioner or an approved health professional as to the taking, in accordance with subsection (2), of a sample of blood from a person is admissible in evidence in any proceedings referred to in that subsection and, in the absence of evidence to the contrary, is proof of the facts and matters contained in it.