s. 32 (b) that— (i) there is a reasonable possibility that the blood referred to in a certificate given by an analyst under subsection (4) was not that of the accused; or (ii) there is a reasonable possibility that the S. 32(8)(b)(ii) amended by blood referred to in a certificate given Nos 23/1994 by a registered medical practitioner or s. 118(Sch. 1 item 34.5), an approved health professional had 14/2000 become contaminated in such a way s. 27(6). that the blood alcohol concentration found on analysis was higher than it would have been had the blood not been contaminated in that way; or (iii) there is a reasonable possibility that the S. 32(8)(b)(iii) substituted by sample was not taken in accordance No. 7/1995 with the Code of Practice for Taking s. 4(5). Blood Samples from Road Accident Victims; or (iv) for some other reason the giving of evidence by the person who gave the certificate would materially assist the court to ascertain relevant facts. (8A) An accused who has been served with a copy of a S. 32(8A) inserted by certificate given under this section may not No. 17/1994 require the person who has given the certificate or s. 18(3). any other person employed, or engaged to provide services at, the place at which the sample of blood was taken, to attend the court on the hearing of an application for leave under subsection (7). (9) If a registered medical practitioner or an approved S. 32(9) amended by health professional is requested to make an Nos 23/1994 examination or to collect a sample of blood for the s. 118(Sch. 1 item 34.5), purposes of this section and if the person to be 14/2000 examined or from whom a sample of blood is to s. 27(7)(a)(b). be collected has expressed consent to that
(b) that— (i) there is a reasonable possibility that the blood referred to in a certificate given by an analyst under subsection (4) was not that of the accused; or S. 32(8)(b)(ii) amended by Nos 23/1994 s. 118(Sch. 1 item 34.5), 14/2000 s. 27(6). s. 32 (ii) there is a reasonable possibility that the blood referred to in a certificate given by a registered medical practitioner or an approved health professional had become contaminated in such a way that the blood alcohol concentration found on analysis was higher than it would have been had the blood not been contaminated in that way; or S. 32(8)(b)(iii) substituted by No. 7/1995 s. 4(5). (iii) there is a reasonable possibility that the sample was not taken in accordance with the Code of Practice for Taking Blood Samples from Road Accident Victims; or (iv) for some other reason the giving of evidence by the person who gave the certificate would materially assist the court to ascertain relevant facts. S. 32(8A) inserted by No. 17/1994 s. 18(3). (8A) An accused who has been served with a copy of a certificate given under this section may not require the person who has given the certificate or any other person employed, or engaged to provide services at, the place at which the sample of blood was taken, to attend the court on the hearing of an application for leave under subsection (7). S. 32(9) amended by Nos 23/1994 s. 118(Sch. 1 item 34.5), 14/2000 s. 27(7)(a)(b). (9) If a registered medical practitioner or an approved health professional is requested to make an examination or to collect a sample of blood for the purposes of this section and if the person to be examined or from whom a sample of blood is to be collected has expressed consent to that
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