Approval of preliminary breath devices

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A decision made (01.12.06) to approve the use of the Lion Alcolmeter SL400B and Lion Alcolmeter SL400AM for preliminary testing.

Subject:	Approval of Preliminary Breath Devices
Decision Reference:	MD-SoJP-2006-0004	Exempt clause(s):		N/A
Type of Report (oral or written):	Written	Person Giving Report (if oral):		N/A
Telephone or e-mail Meeting?	N/A	Report File ref:		SOJP/Staff/24/04
Written Report – Title:	Breath Test device Approval	Written report – Author:		Sgt Lee Turner, Staff Officer to Chief Officer of Police
Decision(s): The Minister approved the use of the Lion Alcolmeter SL400B and Lion Alcolmeter SL400AM for preliminary testing in accordance with Article 1 of the Road Traffic (Jersey) Law 1956.
Reason(s) for decision: To ensure continuing compliance with the Road Traffic (Jersey) Law 1956.
Action required: None
Signature: (Minister/ Assistant Minister)			Date of Decision:

Approval of preliminary breath devices

REPORT

HOME AFFAIRS APPROVAL OF PRELIMINARY BREATH DEVICES (LION ALCOLMETER SL400B AND SL400AM)

The Road Traffic (Jersey) Law 1956 contains provision for the use of a device of the type approved by the Minister for Home Affairs for the obtaining of samples of breath for two purposes:

1. as a preliminary test (Article 1) for the purpose of obtaining an indication as to whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit

2. as an evidential test (Article 30), requiring two samples of breath, in the course of an investigation into whether a person has committed an offence under Articles 26 (Causing death by careless driving when under the influence of drink or drugs), 27 (Driving when under influence of drink or drugs) or 28 (Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit).

The devices currently in use by the States of Jersey Police are the Lion Alcolmeter SL 400A (digital display form) for preliminary testing and the Lion Intoxilyzer 6000UK for evidential testing.

Up to date approval from the Minister for Home Affairs for these devices was obtained by Ministerial Decision MD-SOJP-2006-0001 dated 8th March 2006.

It has since become apparent that at least one parish is in possession of additional devices for preliminary testing – the Lion Alcolmeter SL400B and Lion Alcolmeter SL400AM. Approval for both these devices by the Home Office for use in the UK was made in June 2004.

Approval from the Minister for Home Affairs for both the SL400B and SL400AM devices is requested to compliment existing approved devices, to ensure continuing compliance with the Road Traffic (Jersey) Law 1956.

Author: Sgt Lee Turner, Staff Officer to the Chief Officer, States of Jersey Police

Date: 26th October 2006