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Explanatory Memorandum to Criminal Justice (Northern Ireland) Order 2005

Road traffic

6.6.Articles 18 and 19create two new road traffic powers relating to the taking of specimens of blood for analysis in suspected drink-driving cases. Article 18 provides powers for registered healthcare professionals to take specimens of blood for drink-drive analysis from persons detained in a police station. Previous legislation provided that only medical practitioners may take such specimens. Article 19 provides that a specimen may be taken in circumstances where the accused is incapable of giving consent, eg an unconscious driver, but that it will not be analysed without subsequent consent being given.

6.7.Article 20 provides the power for the Secretary of State to make provision for the use, for police purposes, of funding derived from fixed penalty notices issued under the safety camera scheme. This provision renews the existing authority, under the Appropriation Act 2003, which lapses in 2005. It allows fine revenue to be reinvested into the safety camera scheme at each level of its operation, therefore allowing the police, courts and departments to recover costs associated with running the scheme.

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