Cap 374 s 39Q Specimens of blood from persons incapable of consenting (Road Traffic Ordinance)

Contents of Section

Chapter:	374	Title:	Road Traffic Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	39Q	Heading:	Specimens of blood from persons incapable of consenting	Version Date:	02/08/2012

(1) A police officer may request a medical practitioner to take a specimen of blood from a person, if—

(a) he or she is a person the police officer is entitled to require—

(i) to undergo a preliminary drug test under section 39M(1) or (3); or

(ii) to provide a specimen of blood under section 39P(1), (2) or (3); and

(b) it appears to the police officer that—

(i) (if it is a person referred to in paragraph (a)(i)) he or she may be incapable of undergoing a preliminary drug test and of giving a valid consent to the taking of a specimen of blood, and (if it is a person referred to in paragraph (a)(ii)) he or she may be incapable of giving a valid consent to the taking of a specimen of blood; and

(ii) the incapacity is attributable to medical reasons.

(2) It is lawful for a medical practitioner to whom a request is made under subsection (1), if the medical practitioner thinks fit—

(a) to take a specimen of blood from the person; and

(b) to provide the specimen to the police officer who made the request.

(3) A specimen of blood may be taken pursuant to a request under subsection (1) only at a breath test centre, a police station or a hospital.
(4) If a specimen of blood is taken pursuant to a request under this section, it must not be subjected to a laboratory test unless the person from whom it was taken—

(a) has been informed that it was taken;

(b) has been required by a police officer to give consent to the analysis of the specimen for the purpose of evidence in the relevant investigation; and

(5) A police officer who makes a requirement referred to in subsection (4)(b) must warn the person at the time of making the requirement that a failure to give consent may render him or her liable to prosecution.
(6) Evidence that a specimen of blood was taken from a person referred to in subsection (1) by a medical practitioner may be given by the production of a document certifying that fact and purporting to be signed by the medical practitioner.
(7) Evidence that a specimen of blood taken from a person under this section was subjected to a laboratory test only after the person from whom it was taken was informed that it was taken and he or she consented to the laboratory test may be given by the production of a document certifying that fact and purporting to be signed by the police officer who made the requirement referred to in subsection (4)(b).

(Added 24 of 2011 s. 14)