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.
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.