sec.53Admissibility of evidence of alcohol or drug in proceedings for particular offences

### sec.53 Admissibility of evidence of alcohol or drug in proceedings for particular offences This section applies to evidence obtained under this part of any or all of the following— the concentration of alcohol in a rail safety worker’s breath or blood at a time material to the time of a relevant offence; the presence of a prescribed drug or a metabolite of a prescribed drug in a rail safety worker’s saliva or blood at a time material to the time of a relevant offence; the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug in a rail safety worker’s blood at a time material to the time of a relevant offence. The evidence— is admissible in a proceeding against the rail safety worker for the relevant offence, whether— by way of summary proceedings under the Justices Act 1886 ; or on indictment; and must not be excluded from a proceeding mentioned in paragraph (a) because the evidence was obtained under this part. In a proceeding mentioned in subsection (2) , the evidence— may be given in the same manner, whether by a witness or by a certificate, as it may be given under this part in another proceeding; and is admissible in the same circumstances and to the same extent as it would be admissible under this part in another proceeding; and has the same evidentiary value in relation to the same matters and times provided for under this part as in another proceeding. In this section— relevant offence means— an offence against the national law , section 58 or 128 ; or an indictable offence in connection with a prescribed notifiable occurrence. (sec.53-ssec.1) This section applies to evidence obtained under this part of any or all of the following— the concentration of alcohol in a rail safety worker’s breath or blood at a time material to the time of a relevant offence; the presence of a prescribed drug or a metabolite of a prescribed drug in a rail safety worker’s saliva or blood at a time material to the time of a relevant offence; the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug in a rail safety worker’s blood at a time material to the time of a relevant offence. (sec.53-ssec.2) The evidence— is admissible in a proceeding against the rail safety worker for the relevant offence, whether— by way of summary proceedings under the Justices Act 1886 ; or on indictment; and must not be excluded from a proceeding mentioned in paragraph (a) because the evidence was obtained under this part. (sec.53-ssec.3) In a proceeding mentioned in subsection (2) , the evidence— may be given in the same manner, whether by a witness or by a certificate, as it may be given under this part in another proceeding; and is admissible in the same circumstances and to the same extent as it would be admissible under this part in another proceeding; and has the same evidentiary value in relation to the same matters and times provided for under this part as in another proceeding. (sec.53-ssec.4) In this section— relevant offence means— an offence against the national law , section 58 or 128 ; or an indictable offence in connection with a prescribed notifiable occurrence. - (a) the concentration of alcohol in a rail safety worker’s breath or blood at a time material to the time of a relevant offence; - (b) the presence of a prescribed drug or a metabolite of a prescribed drug in a rail safety worker’s saliva or blood at a time material to the time of a relevant offence; - (c) the presence of a drug other than a prescribed drug or a metabolite of a drug other than a prescribed drug in a rail safety worker’s blood at a time material to the time of a relevant offence. - (a) is admissible in a proceeding against the rail safety worker for the relevant offence, whether— (i) by way of summary proceedings under the Justices Act 1886 ; or (ii) on indictment; and - (i) by way of summary proceedings under the Justices Act 1886 ; or - (ii) on indictment; and - (b) must not be excluded from a proceeding mentioned in paragraph (a) because the evidence was obtained under this part. - (i) by way of summary proceedings under the Justices Act 1886 ; or - (ii) on indictment; and - (a) may be given in the same manner, whether by a witness or by a certificate, as it may be given under this part in another proceeding; and - (b) is admissible in the same circumstances and to the same extent as it would be admissible under this part in another proceeding; and - (c) has the same evidentiary value in relation to the same matters and times provided for under this part as in another proceeding. - (a) an offence against the national law , section 58 or 128 ; or - (b) an indictable offence in connection with a prescribed notifiable occurrence.