Perreault and Syed v HM Advocate

Criminal evidence – Admissibility of evidence – Pilot – Excess alcohol in blood – Blood specimen. High Court of Justiciary: Allowing appeals by two pilots who were each indicted for the offence of performing an activity ancillary to an aviation function when the proportion of alcohol in their blood was in excess of the prescribed limit, who provided A' and 'B' samples of blood, the B' samples having been placed with their property, transferred to prison whilst they were remanded in custody and subsequently destroyed, the court held that that the sheriff erred in repelling objections to the admissibility of evidence relating to the 'A' samples on the basis that the 'B' samples had not been supplied to appellants: in the circumstances of the case there was no effective supply of the 'B' samples to them in terms of s 15(5) of the Road Traffic Offenders Act 1988.

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