15Taking blood samples from people in custody

15 Taking blood samples from people in custody (1) If— (a) a police officer does not, because of section 14 (3) (a) or (b) require a person to undergo a screening test or to provide a sample of breath or oral fluid for analysis; or (b) it is not practicable to carry out a breath or oral fluid analysis because— (i) for a breath analysis, a breath analysis instrument is not available or an available breath analysis instrument is not in working order; or (ii) for oral fluid analysis, an oral fluid analysis instrument is not available or an available oral fluid analysis instrument is not in working order; or (c) a person is unable to provide a sufficient sample of oral fluid for analysis; the police officer may require the person to permit a sample of the person’s blood to be taken by a doctor or a nurse for analysis and, if the person is not in hospital, may take the person into custody and take the person, or place the person in the custody of another police officer who must take the person, as soon as practicable, to a hospital or sampling facility for that purpose. (2) A requirement must not be made under subsection (1) after the end of whichever of the periods specified in section 14 (1) or (2) applies in relation to the person. (3) In this section— (a) a reference to the taking of a blood sample is a reference to the taking of a blood sample under a requirement under subsection (1); and

(b) a reference to an analysis of a blood sample is a reference to an analysis of the sample to detect alcohol, or a prescribed drug, or both. (4) A sample of a person’s blood must be taken as soon as practicable after the arrival of the person at hospital or at the sampling facility and must not be taken more than 2 hours after the arrival of the person at hospital or at the facility. (5) A doctor or nurse must not refuse to take a sample of a person’s blood for analysis— (a) if permitted to do so by the person under subsection (1); or (b) if the person is unconscious or the doctor or nurse is of the opinion that the person is, because of their medical condition, incapable of giving or refusing permission to take such a sample—if requested to do so by a police officer under this section. (6) A police officer must not make a request under subsection (5) after the end of whichever of the periods specified in section 14 (1) or (2) applies in relation to the person. (7) The doctor or nurse (the sample taker) taking a sample of blood from a person (the tested person) must— (a) take the sample in the presence of a police officer; and (b) place the sample into a container; and (c) attach a label to the container that includes the following (ii) the tested person’s name;

(d) ensure that the container is sealed with a tamper-evident seal that (e) put the sealed container into a one-way box. (8) The chief police officer must, as soon as practicable, arrange for the 15AA Taking blood samples from people in hospital (1) This section applies if a doctor or nurse attending to a person in a hospital believes on reasonable grounds that— (i) was involved in an accident; and (ii) is at least 15 years old; and (iii) was admitted to the hospital for examination or treatment because of the accident; and (b) the accident happened not more than 6 hours before the person arrived at the hospital. (2) The doctor or nurse must, as soon as practicable but not more than 2 hours after the person arrives at the hospital, take a sample of the person’s blood for analysis. (3) A doctor or nurse must not fail to take a sample of blood under subsection (2) only because— (a) the person is unconscious; or (b) the doctor or nurse is of the opinion that the person is, because of their medical condition, incapable of giving or refusing permission to take such a sample. Note See s 17 (2) for circumstances when a doctor or nurse is not required to take a sample of blood.