12Examination, &c., of persons incapable of consenting

### 12 Examination, &c., of persons incapable of consenting > > (1)  *\[Section 12 Subsection (1) amended by No. 44 of 1991, s. 8 \]*If a police officer is informed by a medical practitioner attending a person for medical treatment that the person is by reason of his or her physical condition incapable of giving consent – > > > > > > (a) to the taking of a sample of his or her blood; or > > > > > > > (b) to a medical examination – > > > > to which, under this Division, the person has or could be directed to submit, the police officer may request the medical practitioner to take a sample of the person's blood or to carry out the medical examination. > > > (2)  *\[Section 12 Subsection (2) substituted by No. 44 of 1991, s. 8 \]*A medical practitioner must comply with a request made to him or her in accordance with [subsection (1)](#GS12@Gs1@EN) unless the medical practitioner is of the opinion that to do so would be prejudicial to the proper care or treatment of the person. > > > (3)  [*\[Section 12 Subsection (3) amended by No. 38 of 2017, s. 24, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS24@Hpa@EN) [*\[Section 12 Subsection (3) amended by No. 25 of 2006, Sched. 2, Applied:23 Dec 2006\]*](/view/html/inforce/2006-12-23/act-2006-025#JS2@Ja3@GC1@EN) Where a request is made of a medical practitioner under [subsection (1)](#GS12@Gs1@EN) in respect of any person, any sample of the blood of that person that has been taken in the course of, or in connection with, the medical diagnosis or treatment of that person and is available for analysis may, if the medical practitioner in immediate charge of the treatment so desires, be treated as having been taken in pursuance of the request. > > > (4)  [*\[Section 12 Subsection (4) amended by No. 38 of 2017, s. 24, Applied:03 Dec 2018\]*](/view/html/inforce/2018-12-03/act-2017-038#GS24@Hpb@EN) *\[Section 12 Subsection (4) amended by No. 91 of 1982, s. 9 \]*No request shall be made under this section for the taking of the sample of the blood of any person after the expiration of 5 hours after the relevant time and where a request is made under this section for the taking of a sample of the blood of that person the taking of that sample shall begin within 5 hours after the relevant time. > > > (5)  Where a medical practitioner is in immediate charge of the medical treatment of a person whose clothing or body bears such a means of identification as is referred to in [section 10](#GS10@EN) [(8)](#GS10@Gs8@EN) , that medical practitioner may take a sample of the blood of that person unless that person, being in a condition to refuse to submit to the taking of the sample, objects to its being taken.