Taking blood sample following arrest(cf STM Act, s 18E(1) and (2))
9 Taking blood sample following arrest(cf STM Act, s 18E(1) and (2))
A police officer may require a person to provide a sample of the person’s blood (whether or not the person consents to the provision of the sample) in accordance with the directions of an authorised sample taker if the person—
has attempted to provide an oral fluid sample as directed under clause 8(1), but
has been physically unable to comply with that direction (for example, because no oral fluid was physically able to be produced).
An authorised sample taker is under a duty to take the sample if the authorised sample taker is informed by the police officer that the sample is required to be taken for the purposes of this clause.
Note.
A refusal or failure by the authorised sample taker to take a sample that the authorised sample taker is required to take under this Schedule may constitute an offence against clause 20.
A blood sample taken under this clause may be used for the purpose of conducting an analysis to determine whether the blood contains any prescribed illicit drugs.
Note.
Part 4 provides for the procedures in relation to the taking and analysis of samples taken under this clause.
This Act’s bill:Explanatory memorandumSecond reading speech
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