[F193GSpecimens of blood from persons incapable of consentingU.K.
(1)A service policeman may request a registered medical practitioner to take a specimen of blood from a person (“the person concerned”), irrespective of whether that person consents, if—
(a)the service policeman would (in the absence of any incapacity of the person concerned and of any objection under section 93H) be entitled under section 93E to require the person concerned to provide a specimen of blood for a laboratory test;
(b)it appears to the service policeman that the person concerned 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 the service policeman that the person concerned is or may be incapable of giving a valid consent to the taking of a specimen of blood (whether or not consent has purportedly been given); and
(d)it appears to the service policeman that that person's incapacity is attributable to medical reasons.
(2)It is lawful for a registered medical practitioner to whom a request is made under this section, if that practitioner thinks fit—
(a)to take a specimen of blood from the person concerned irrespective of whether that person consents; and
(b)to provide the specimen to a service policeman.
(3)The specimen must be of sufficient quantity to enable it to be divided into two parts for the purposes of analysis.
(4)If a specimen is taken in pursuance of a request under this section, it must not be subjected to a laboratory test unless the person concerned—
(a)has been informed that it was taken;
(b)has been required by a service policeman to give permission for a laboratory test of the specimen; and
(c)has given permission.
(5)A service policeman, on requiring a person to give permission for the purposes of this section for a laboratory test of a specimen, must warn the person that a failure to give the permission may render the person liable to proceedings for a service offence.
(6)On a request made at the time a person gives permission under this section for a laboratory test of a specimen, that person must be given a part of the specimen sufficient for the purposes of analysis.
(7)A person who, without reasonable excuse, fails to give permission for a laboratory test of a specimen taken from the person under this section is guilty of an offence.
(8)A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years.]
Textual Amendments
F1Pt. 3 Ch. 3A inserted (8.3.2012 for specified purposes, 1.11.2013 in so far as not already in force) by Armed Forces Act 2011 (c. 18), ss. 11(1), 32(3); S.I. 2012/669, art. 3(c); S.I. 2013/2501, art. 3(b)