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Road Traffic (Amendment) Act (Northern Ireland) 2016
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This version of this provision is prospective.
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Changes to legislation:
Road Traffic (Amendment) Act (Northern Ireland) 2016, Section 5 is up to date with all changes known to be in force on or before 14 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 5:
- s. 17(1)(2)s. 17(4)(a)(b)s. 17(5)(a)(i)(b) coming into force by S.R. 2026/125 art. 2 Sch.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 17(1)(2)s. 17(4)(a)(b)s. 17(5)(a)(i)(b) coming into force by S.R. 2026/125 art. 2 Sch.
Prospective
Evidential breath test without preliminary breath test or check-point breath testN.I.
5—(1) The Order of 1995 is amended as follows.
(2) In Article 17D (power of arrest)—
(a)after paragraph (1A) insert—
“(1B) A constable may arrest a person without warrant if—
(a)the constable—
(i)in accordance with paragraph (2)(c) of Article 18, has required him to provide specimens of breath under that Article, and
(ii)has not required him to co-operate with a preliminary breath test or a check-point breath test, and
(b)as a result of the provision by the person of such specimens, the constable reasonably suspects that the proportion of alcohol in his breath or blood exceeds the prescribed limit.”,
(b)in paragraph (2), for “and” after sub-paragraph (a) substitute
“or
(aa)the person fails to provide a specimen of breath in pursuance of a requirement under Article 18 made in accordance with paragraph (2)(c) of that Article, and”,
(c)in paragraph (2A)—
(i)the words from “may,” to the end become sub-paragraph (a),
(ii)after that sub-paragraph insert—
“(b)may, instead of being taken to a police station, in the circumstances mentioned in paragraph (1B)(a), be detained at or near the place where the requirement to provide specimens of breath was, or would have been, made.”.
(3) In Article 18 (provisions of specimens for analysis)—
(a)for paragraph (2), substitute—
“(2) A requirement under this Article to provide specimens of breathmay be made only—
(a)at a police station or hospital,
(b)in circumstances in which—
(i)Article 17(5) applies, and
(ii)the constable has imposed a requirement on the person concerned to co-operate with a preliminary breath test,
at or near the place where the preliminary breath test was so administered or would have been so administered but for the failure to co-operate with it, or
(c)in circumstances in which Article 17(5) does not apply, at a place other than a police station or hospital if—
(i)the constable reasonably suspects that the proportion of alcohol in the person's breath or blood exceeds the prescribed limit, and
(ii)a device mentioned in paragraph (1)(a) is available to be used for the taking of the specimens.”,
(b)paragraphs (2A) and (2B) are omitted,
(c)in paragraph (2C), for “relevant breath test” substitute “ preliminary breath test or check-point breath test ”,
(d)in paragraph (3), after “is” insert “ in uniform and ”.
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