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Failing to allow specimen to be subjected to a laboratory test

A police constable may make a request to a medical or health care practitioner for them to take a specimen of blood from a person irrespective of whether that person consents or not if certain conditions are met.

These conditions include:

  • The police officer would be entitled under section 7 of the Road Traffic Act to require the provision of a specimen of blood for a laboratory test
  • 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
  • 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
  • It appears to that constable that that person’s incapacity is attributable to medical reasons

While a blood specimen can be taken from a person incapable of consenting, the blood specimen cannot be sent off for forensic analysis at a laboratory until the person from whom it was taken:

  • has been informed that it was taken; and
  • has been required by a constable to give his permission for a laboratory test of the specimen; and
  • has given his permission.

It is an offence under S.7A(6) of the Road Traffic Act 1988 for any person to fail to give permission, without reasonable excuse, for a laboratory test to be carried out on a specimen of blood that was taken without their consent.

Penalty

The penalty for failing to allow a blood specimen to be subjected to a laboratory test are the same as the penalties imposed for failing to provide an evidential specimen for analysis.

Failure to provide an evidential specimen for analysis while driving / attempting to drive - sentencing guidelines

Failure to provide an evidential specimen for analysis while being in charge of a vehicle - sentencing guidelines

Any person convicted of failure to provide an evidential specimen for analysis will also be classed as a high risk offender.

High risk offenders are required to prove their fitness to drive by taking and passing a dvla medical before a driving licence will be issued to them at the end of their driving disqualification.

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