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Approval of Preliminary and Evidential Breath Devices

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • 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

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (08.03.2006) to approve the Preliminary and Evidential Breath Devices.

Subject:

Approval of Preliminary and Evidential Breath Devices

Decision Reference:

MD-SOJP-2006-0001

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/24/01

Written Report –

Title:

Home Affairs Approval of Preliminary and Evidential Breath Devices

Written report – Author:

Sgt Lee Turner, Staff Officer to Chief Officer of Police

Decision(s):

The Minister approved the use of the Lion Alcolmeter SL400A (digital display form) for preliminary testing and the Lion Intoxilyzer 6000UK for evidential testing.

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 and Evidential Breath Devices

REPORT

HOME AFFAIRS APPROVAL OF PRELIMINARY AND EVIDENTIAL BREATH DEVICES

The Road Traffic (Jersey) Law 1956 contains provision for the use of a device of the type approved by the Home Affairs Committee 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.

Approval of both these devices by the Home Office for use by in the UK has been made recently – the SL 400A in February 2004 and the Intoxilyzer 6000UK in June 2005.

Up to date approval from the Minister for Home Affairs for both devices is requested 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: 23rd February 2006

 

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