Road Traffic Act 1988

[F17A Specimens of blood taken from persons incapable of consentingU.K.

(1)A constable may make a request to [F2a medical or health care practitioner] for him to take a specimen of blood from a person (“the person concerned”) irrespective of whether that person consents if—

(a)that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under section 9) be entitled under section 7 to require the provision of a specimen of blood for a laboratory test;

(b)it appears to that constable that that person has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter;

(c)it appears to that constable that that person is or may be incapable (whether or not he has purported to do so) of giving a valid consent to the taking of a specimen of blood; and

(d)it appears to that constable that that person’s incapacity is attributable to medical reasons.

(2)A request under this section—

(a)shall not be made to [F3a medical or health care practitioner] who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and

(b)shall not be made to [F4a practitioner other than a police medical or health care practitioner] unless—

(i)it is not reasonably practicable for the request [F5to be made to a police medical or health care practitioner]; or

(ii)it is not reasonably practicable for such a F6... practitioner (assuming him to be willing to do so) to take the specimen.

(3)It shall be lawful for [F7a medical or health care practitioner] to whom a request is made under this section, if he thinks fit—

(a)to take a specimen of blood from the person concerned irrespective of whether that person consents; and

(b)to provide the sample to a constable.

(4)If a specimen is taken in pursuance of a request under this section, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—

(a)has been informed that it was taken; and

(b)has been required by a constable to give his permission for a laboratory test of the specimen; and

(c)has given his permission.

(5)A constable must, on requiring a person to give his permission for the purposes of this section for a laboratory test of a specimen, warn that person that a failure to give the permission may render him liable to prosecution.

(6)A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this section is guilty of an offence.

[F8(7)In this section—

  • “medical or health care practitioner” means a medical practitioner or a registered health care professional;

  • “police medical or health care practitioner” means a medical practitioner, or a registered health care professional, who is engaged under any agreement to provide medical or health care services for purposes connected with the activities of a police force.]]

Textual Amendments

F1S. 7A inserted (1.10.2002) by 2002 c. 30, s. 56(1); S.I. 2002/2306, art. 2(d)(v)

F2Words in s. 7A(1) substituted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 8(2); S.I. 2015/994, art. 4

F3Words in s. 7A(2)(a) substituted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 8(2); S.I. 2015/994, art. 4

F4Words in s. 7A(2)(b) substituted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 8(3); S.I. 2015/994, art. 4

F5Words in s. 7A(2)(b)(i) substituted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 8(4); S.I. 2015/994, art. 4

F6Word in s. 7A(2)(b)(ii) omitted (10.4.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 8(5); S.I. 2015/994, art. 4

F7Words in s. 7A(3) substituted (10.4.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 11 para. 8(6); S.I. 2015/994, art. 4

Modifications etc. (not altering text)

C2S. 7A applied (with modifications) (29.3.2004 for certain purposes and 30.3.2004 otherwise) by Railways and Transport Safety Act 2003 (c. 20), ss. 83(1)(3), 96(1)(3), 120 (with ss. 90, 100); S.I. 2004/827, arts. 2, 3