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Provisions relating to certain evidence in prosecutions under section 49 or 50 of Principal Act.
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35.—(1) On the hearing of a charge for an offence under section 49 or 50 of the Principal Act, it shall not be necessary to show that the defendant had not consumed intoxicating liquor after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 30 or section 33.
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(2) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, evidence is adduced by or on behalf of the defendant that, after the time when the offence is alleged to have been committed but before the taking or provision of a specimen under section 30 or section 33, he had consumed intoxicating liquor, the court shall disregard the evidence unless satisfied by or on behalf of the defendant that but for that consumption the concentration of alcohol in the defendant's blood (as specified in a certificate under section 43 (3) or 45 (2)) would not have exceeded a concentration of 125 milligrammes of alcohol per 100 millilitres of blood.
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(3) (a) A person shall not take or attempt to take any action (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath, blood or urine) with the intention of frustrating a prosecution under section 49 or 50 of the Principal Act.
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(b) A person who contravenes this subsection shall be guilty of an offence.
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(4) Where, on the hearing of a charge for an offence under section 49 or 50 of the Principal Act, the court is satisfied that any action taken by the defendant (including consumption of alcohol but excluding a refusal or failure to provide a specimen of his breath, blood or urine) was so taken with the intention of frustrating a prosecution under the said section 49 or 50, the court may find him guilty of an offence under subsection (3).
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