Government of Jersey

Information about the publication of Ministerial Decisions

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
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A decision made 13 June 2012:

Decision Reference: MD-HA-2012-0054
Decision Summary Title :	States of Jersey Police – SL500 breath testing device		Date of Decision Summary:	11 June 2012
Decision Summary Author:	Executive Officer Home Affairs		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Lion SL500 Roadside Breath Testing Device		Date of Written Report:	11 June 2012
Written Report Author:	Chief Officer States of Jersey Police		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Approval of the Lion SL500 Roadside Breath Testing Device.
Decision(s): The Minister approved the Lion SL500 Roadside Breath Testing Device as an approved device for the purposes of the Road Traffic (Jersey) Law 1956.
Reason(s) for Decision: Under the Road Traffic (Jersey) Law 1956, the Minister for Home Affairs is responsible for approving any device used for taking specimens of breath where it is thought that a person may have been driving or attempting to drive with excess alcohol in their body. The States of Jersey Police currently use the Lion SL400 for carrying out breath tests. The Lion SL500 is an updated and smaller version and can be used by beat, cycle and motorcycle officers. It is widely used by UK Police Forces.
Resource Implications: The cost of the phased introduction of the SL500 will be met from within existing budgets.
Action required: The Executive Officer, Home Affairs, to inform the Chief Officer, States of Jersey Police that the decision has been made.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Road Traffic (Jersey) Law 1956: Breath Testing - Roadside: Approval of Device: Lion SL500

Report for the Minister for Home Affairs

Lion SL500 Roadside Breath Testing Device

Background

The States of Jersey Police currently use the Lion SL400 breath testing device for taking specimens of breath for a roadside breath test where it is thought that a person may have been driving or attempting to drive with excess alcohol in their body.

The SL400 has been in operation successfully for many years and continues to function well.

Legislation

Article 29(1) of the Road Traffic (Jersey) Law 1956 states:

Where a police officer has reasonable cause to suspect–

(a) that a person driving or attempting to drive or in charge of a motor vehicle on a road or other public place has alcohol in his or her body or has committed a traffic offence whilst the vehicle was in motion;

(b) that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place with alcohol in his or her body and that that person still has alcohol in his or her body; or

(c) that a person has been driving or attempting to drive or been in charge of a motor vehicle on a road or other public place and has committed a traffic offence whilst the vehicle was in motion,

the police officer may, subject to Article 32, require the person to provide a specimen of breath for a breath test.

‘Breath test’ is defined in Article 1 of the Law, the Interpretation as follows:

“breath test” means a preliminary test for the purpose of obtaining, by means of a device of a type approved by the Minister for Home Affairs, an indication whether the proportion of alcohol in a person’s breath or blood is likely to exceed the prescribed limit.

Current issue

The States of Jersey Police would like to introduce the Lion SL500 Roadside Testing device to be used alongside the SL400 and ultimately to replace it. The SL500 is an updated and smaller version of the SL400 and will be able to be carried by officers on the beat, cycle officers and motorcycle officers. The SL500 is widely used by UK Police Forces due to its reduced size. The cost of the phased introduction of the SL500 will be met from existing budgets.

Recommendation

It is recommended that the Minister approves the Lion SL500 as an approved device for the purposes of the Road Traffic (Jersey) Law 1956.

11 June 2012