Ryder v Crown Prosecution Service [2011] EWHC 4003 (Admin) (14 April 2011)

Ryder v Crown Prosecution Service [2011] EWHC 4003 (Admin) (14 April 2011)

The statutory requirement for provision of urine specimens under section 7(5) of the Road Traffic Act 1988 is satisfied when urine is supplied to the requesting officer, including via a catheter, and the act of emptying the catheter bag constitutes the provision of separate specimens. The appellant consented to the procedure, and the magistrates were entitled to find that two specimens were provided within the statutory meaning.

Citation
[2011] EWHC 4003 (Admin)
Parties
Claimant: Ryder; Defendant: Crown Prosecution Service
Jurisdiction
England and Wales
Judgment Date
14 April 2011
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Provision of Urine Specimens, Interpretation of Road Traffic Act 1988 Section 7(5), Procedural Requirements for Urine Samples, Catheterisation and Specimen Provision
Criminal Law Road Traffic Law Provision of Urine Specimens Interpretation of Road Traffic Act 1988 Section 7(5) Procedural Requirements for Urine Samples Catheterisation and Specimen Provision

Case Brief

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Parties

Ryder

Claimant

Crown Prosecution Service

Defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether urine provided via catheter satisfies the statutory requirement for two specimens under section 7(5) of the Road Traffic Act 1988
  2. 2 Whether the act of emptying a catheter bag constitutes the provision of separate urine specimens
  3. 3 Interpretation of 'provides' in the context of urine specimens

Ratio Decidendi

The statutory requirement for provision of urine specimens under section 7(5) of the Road Traffic Act 1988 is satisfied when urine is supplied to the requesting officer, including via a catheter, and the act of emptying the catheter bag constitutes the provision of separate specimens. The appellant consented to the procedure, and the magistrates were entitled to find that two specimens were provided within the statutory meaning.

Court Disposition

Appeal dismissed

Orders

  • Costs to be remitted to a District Judge for detailed assessment; publicly-funded costs to be taxed if required.