An offer to supply a blood sample coupled with an accused pointing to the sample that she wanted did not amount to a "request" for such a sample within the meaning of s 15(5) Road Traffic Offenders Act 1988. A sample of blood had been "supplied" to the appellant in these circumstances despite the accused failing to physically take hold of it or collect it prior to leaving the police station.Appeal by way of case stated against a magistrates' court decision to convict the appellant ('J') of driving whilst the level of alcohol in her blood exceeded the prescribed limit. J provided a sample of blood at the police station following a positive breath test. The specimen was split into two parts and a sample was offered to J. She pointed to the sample that she wished to be supplied to her. Both samples were placed in the police refrigerator but J failed to collect her sample prior to leaving the police station. The magistrates held that J had requested a sample and that a sample had been supplied to her. On appeal J argued that: (i) under s.15(5)(b) Road Traffic Offenders Act 1988, where a specimen of blood was provided and an accused requested a sample, if one of the two parts of the specimen was not supplied to the accused, evidence of the proportion of alcohol found in the specimen was not admissible; (ii) it was implicit from the evidence that J had requested a sample from the specimen; (iii) the placement of both samples in the refrigerator was insufficient to amount to a "supply" to her within the meaning of the Act; and (iv) the magistrates had wrongly convicted her on the basis of an inadmissible sample of her blood.HELD: (1) J had not "requested" a sample within the meaning of the Act. An offer to supply a sample coupled with an "acceptance" by means of an accused pointing to a sample was not equivalent to a request and the magistrates had been wrong to so hold. (2) There had been a supply of the sample to J notwithstanding that there had been no request for it. The combined effect of the offer of the sample and J pointing to the sample she wanted amounted to a tender of the sample and its supply. In circumstances where J had failed to physically take hold of the sample or collect it prior to leaving the police station she could not later argue that she had not been supplied with it (Walton v Rimmer (1985) RTR 31 considered).Appeal dismissed.

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