s. 28A (5) It is a defence to a charge under subsection (1)(f) for the person charged to prove that the result of the analysis was not a correct result. S. 28(5A) (5A) In any proceedings for an offence under inserted by paragraph (e) or (f) of subsection (1) evidence No. 20/1993 s. 5(2), as to the effect of the consumption of alcohol on amended by the accused is admissible for the purpose of No. 68/2009 rebutting the presumption created by s. 97(Sch. item 84.2). section 27(1A) but is otherwise inadmissible. (6) Nothing in this section applies to a master unless the master, at the time when he or she was in charge of the vessel, actually had charge of the vessel. (7) If a vessel is under a pilot, the pilot (and not the master) is in charge of the vessel for the purposes of this section. (8) On convicting a person, or finding a person guilty, S. 28(8) inserted by of an offence under subsection (1) the court must No. 93/2000 cause to be entered in the records of the court— s. 8. S. 28(8)(a) (a) in the case of an offence under subsection amended by (1)(b), the level of concentration of alcohol No. 94/2003 found to be present in that person's blood or s. 34(6). breath; and (b) in the case of an offence under subsection (1)(e), the level of concentration of alcohol found to be recorded or shown by the breath analysing instrument; and (c) in the case of an offence under subsection (1)(f), the level of concentration of alcohol found to be present in the sample of blood. S. 28A 28A Provisions about cancellation and disqualification inserted by No. 93/2000 s. 9 (as amended by No. 23/2001 s. 24).
(5) It is a defence to a charge under subsection (1)(f) for the person charged to prove that the result of the analysis was not a correct result. S. 28(5A) inserted by No. 20/1993 s. 5(2), amended by No. 68/2009 s. 97(Sch. item 84.2). (5A) In any proceedings for an offence under paragraph (e) or (f) of subsection (1) evidence as to the effect of the consumption of alcohol on the accused is admissible for the purpose of rebutting the presumption created by section 27(1A) but is otherwise inadmissible. (6) Nothing in this section applies to a master unless the master, at the time when he or she was in charge of the vessel, actually had charge of the vessel. (7) If a vessel is under a pilot, the pilot (and not the master) is in charge of the vessel for the purposes of this section. S. 28(8) inserted by No. 93/2000 s. 8. (8) On convicting a person, or finding a person guilty, of an offence under subsection (1) the court must cause to be entered in the records of the court— S. 28(8)(a) amended by No. 94/2003 s. 34(6). (a) in the case of an offence under subsection (1)(b), the level of concentration of alcohol found to be present in that person's blood or breath; and (b) in the case of an offence under subsection (1)(e), the level of concentration of alcohol found to be recorded or shown by the breath analysing instrument; and (c) in the case of an offence under subsection (1)(f), the level of concentration of alcohol found to be present in the sample of blood. S. 28A inserted by No. 93/2000 s. 9 (as amended by No. 23/2001 s. 24). 28A Provisions about cancellation and disqualification s. 28A
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