Section 5A Arrest Procedures
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Questions and Answers

What must the accused be over to be charged under section 5?

  • A prescribed limit for alcohol or drugs (correct)
  • A personal threshold of ability
  • A standard measure of impairment
  • A prescribed speed limit

    • Which factor is NOT considered a common cause of driver impairment?

  • Medical conditions
  • Fatigue
  • Alcohol consumption
  • Excessive speed (correct)

    • What should be considered if a driver behaves as if impaired but does not show signs of alcohol or drug use?

  • They could be playing loud music
  • They might have a medical condition (correct)
  • They could be under stress from work
  • They may have mental health issues

    • What immediate action might be necessary if there's doubt about a driver's impairment?

    <p>Consider medical attention for the driver</p> Signup and view all the answers

    Why should the vehicle be checked if a driver appears drunk?

    <p>To look for defects that may cause symptoms of drunkenness</p> Signup and view all the answers

    Which of the following conditions can mimic the effects of alcohol or drug impairment?

    <p>Diabetic reactions</p> Signup and view all the answers

    Under what circumstance should a police officer consider the driver's vehicle when addressing impairment?

    <p>When there are signs of vehicle defects</p> Signup and view all the answers

    What is a misconception about driver impairment that can lead to incorrect assessments?

    <p>Impairment can only be caused by drugs</p> Signup and view all the answers

    What should happen if a driver is found to be impaired?

    <p>The driver should be arrested under the Criminal Justice (Scotland) Act 2016.</p> Signup and view all the answers

    Which of the following is required at the police station after an arrest for a Section 4 offence?

    <p>Specimen of breath or a sample of blood or urine.</p> Signup and view all the answers

    Under what condition can police arrest a person concerning preliminary impairment tests?

    <p>If the person fails the tests or refuses to take them clearly under impairment.</p> Signup and view all the answers

    When is a breath specimen not required at the police station?

    <p>If drugs are suspected to be the only impairment.</p> Signup and view all the answers

    What must police do before conducting examinations and tests on the accused at the station?

    <p>Ask the accused for consent to examinations and tests.</p> Signup and view all the answers

    What is the purpose of the preliminary impairment tests?

    <p>To assess if the driver is under the influence of alcohol or drugs.</p> Signup and view all the answers

    What options do police have if breath analysis machinery is not available?

    <p>They can use alternative methods if no reasonable excuse is provided.</p> Signup and view all the answers

    What is the significance of the results from examinations and tests conducted at the police station?

    <p>They can be used as evidence in court.</p> Signup and view all the answers

    What must be proven for an offence under Section 4 of the RTA 1988?

    <p>The driver was unfit due to consumption of alcohol or drugs.</p> Signup and view all the answers

    Which of the following vehicles is included in the definition of 'mechanically propelled vehicle' under Section 4 RTA 1988?

    <p>Grass cutter</p> Signup and view all the answers

    What distinguishes the Section 4 offence from Section 5 regarding driving under the influence?

    <p>Section 4 requires proof of impairment.</p> Signup and view all the answers

    What types of substances can cause impairment for a Section 4 offence?

    <p>Prescribed and controlled substances</p> Signup and view all the answers

    What is a requirement for a police officer performing duties related to a Section 4 offence?

    <p>The officer should assess the driver's fitness to drive.</p> Signup and view all the answers

    Which scenario would most directly lead to arrest under Section 4 RTA 1988?

    <p>Attempting to drive after using prescribed medication that impairs ability.</p> Signup and view all the answers

    Which of the following is clearly not covered under Section 4 of the RTA 1988?

    <p>Driving while tired to the point of impairment.</p> Signup and view all the answers

    What impact does a conviction under Section 4 of the RTA 1988 have on future driving permissions?

    <p>Temporary disqualification from driving.</p> Signup and view all the answers

    What does Section 5A of the Road Traffic Act 1988 specifically address?

    <p>Driving with specified drugs in the system above legal limits.</p> Signup and view all the answers

    Which type of test is primarily used to detect drugs under Section 5A?

    <p>Drugwipe test.</p> Signup and view all the answers

    What happens if a drugwipe test is negative?

    <p>The procedure must end there.</p> Signup and view all the answers

    What must be shown for a Section 4 procedure to be initiated?

    <p>Visible signs of impairment.</p> Signup and view all the answers

    Under Section 5A, which of the following statements is true?

    <p>There are 17 specific drugs listed with varying limits.</p> Signup and view all the answers

    What is required for a driver to be charged under Section 5A?

    <p>Specimens of saliva indicating drug levels above limits.</p> Signup and view all the answers

    Which section of the Road Traffic Act relates to a person unfit due to drink or drugs?

    <p>Section 4.</p> Signup and view all the answers

    How are the drug limits set under Section 5A defined?

    <p>By specific blood concentration levels.</p> Signup and view all the answers

    What is the function of an appropriately trained nurse in relation to a Section 5A arrest?

    <p>To obtain blood samples from the arrested individual.</p> Signup and view all the answers

    Which substance has the lowest blood limit according to the content provided?

    <p>Lysergic Acid Diethylamide</p> Signup and view all the answers

    What is the required blood limit for Diazepam as per the guidelines?

    <p>550ug</p> Signup and view all the answers

    The procedure to be followed at a police station after a Section 4 arrest requires which of the following?

    <p>Detailed tests and observations to be noted.</p> Signup and view all the answers

    Which of the following substances does not require a medical professional to take a blood sample after an arrest?

    <p>Amphetamine</p> Signup and view all the answers

    Under Section 5A of the Road Traffic Act, which drug has the highest acceptable blood limit?

    <p>Temazepam</p> Signup and view all the answers

    What is a key requirement for officers testing substances in relation to a Section 5A arrest?

    <p>Having guidance for reporting findings after tests.</p> Signup and view all the answers

    Which of the following drugs has the blood limit set at 20ug?

    <p>Ketamine</p> Signup and view all the answers

    Which statement about substances specified in Section 5A is correct?

    <p>Each substance has a uniquely defined blood limit.</p> Signup and view all the answers

    Which of the following statements regarding Section 4 and 5A arrests is incorrect?

    <p>Blood tests are optional after a Section 5A arrest.</p> Signup and view all the answers

    Study Notes

    Police Station Procedure for Arrest in Drink or Drug Driving Cases

    • A person arrested for driving while unfit must be processed at the police station.
    • The arrested individual must provide either a breath, blood, or urine sample for analysis.
    • Breath analysis is preferred, using a machine unless unavailable or if the individual has a reasonable excuse for refusal.
    • If suspected solely of drug impairment, a breath specimen is not required.
    • Consent for examination and testing should be explicitly requested from the arrested individual.
    • It must be clarified that test results may be used as evidence and compliance is not compulsory.

    Offence Under Section 5A of the Road Traffic Act 1988

    • Section 5A addresses driving with specified drugs in the system, exceeding legal limits.
    • This law applies even when no visible signs of impairment are present.
    • The offence includes driving, attempting to drive, or being in charge of a vehicle with specified drugs in concentrations above established thresholds.
    • Established limits apply specifically to blood concentrations; 17 drugs are regulated under this section with defined limits.
    • Procedures for compliance include specimen collection (saliva for initial tests) and power of arrest if necessary.
    • Drugwipe tests are used to detect Cannabis and Cocaine, but a negative result halts further action unless impairment is indicated.
    • Unlike Section 4, no requirement exists for a medical doctor’s opinion; trained nurses can take blood samples.

    Key Comparisons - Section 4 vs. Section 5A

    • Section 4 focuses on driving impairment due to substances while Section 5A centers on exceeding drug limits regardless of impairment.
    • Section 4 requires proving unfitness due to drink or drugs, while Section 5A focuses solely on the presence of drugs above specified limits.
    • Both sections require testing and specimen collection but differ in processes regarding medical evaluations.

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    Related Documents

    Police Probationer Training Programme - Section 4 & 5A - Drink & Drug Driving PDF

    Description

    This quiz explores the procedures following a Section 5A arrest, including the roles of medical professionals and specially trained officers. Understand the legal implications of blood sample collection and the necessary guidelines for progressing inquiries.

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