27Enforcement procedures not to jeopardise safety of persons being given first aid, &c.

27 Enforcement procedures not to jeopardise safety of persons being given first aid, &c.

(1)  This section applies if first aid or medical treatment is being administered to a person by –

(a) a medical practitioner; or

(b) a nurse; or

(c) an ambulance officer.

(2)  A police officer is not entitled to require the person to submit to a breath test, breath analysis or blood-sampling under this Act unless the person responsible for administering the first aid or medical treatment has –

(a) been informed that the police officer intends to impose the requirement; and

(b) been asked whether it is safe for the person to submit to the breath test, breath analysis or blood-sampling (or a question to that effect); and

(c) indicated, either by an affirmative answer to the question or by raising no objection on medical grounds, that it is safe for the person to submit to the breath test, breath analysis or blood-sampling.

(3)  A requirement imposed on the person contrary to this section is void and the results of a breath test, breath analysis or blood-sampling carried out pursuant to that requirement are inadmissible in any proceedings against the person under any Act.

(4)  This section prevails over any section of Part 2 or any other section of this Part.

(5)  In this section –

ambulance officer means a person who is providing ambulance services –

(a) under the Ambulance Service Act 1982 ; or

(b) on an honorary or volunteer basis.