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The Road Traffic (Northern Ireland) Order 1995
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The Road Traffic (Northern Ireland) Order 1995, Section 18A is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Order associated Parts and Chapters:
- Act amended by 1996 c. 25 s.79 Sch.4 para.26
- Act amended by 1996 c. 25 s.79 Sch.4 para.26
Whole provisions yet to be inserted into this Order (including any effects on those provisions):
- art. 13A inserted by 2016 c. 11 (N.I.) s. 2(3)
- art. 17(8)(b)(v) and word added by 2008 c. 4 (N.I.) Sch. 2 para. 7(b)
- art. 17D(1B) inserted by 2016 c. 11 (N.I.) s. 5(2)(a)
- art. 17D(2)(aa) substituted for word by 2016 c. 11 (N.I.) s. 5(2)(b)
- art. 17D(2A)(a) substituted for words by 2016 c. 11 (N.I.) s. 5(2)(c)(i)
- art. 17D(2A)(b) inserted by 2016 c. 11 (N.I.) s. 5(2)(c)(ii)
- art. 55(2)(m) inserted by S.I. 2008/1216 (N.I.) art. 54(1)
- art. 110(3A) inserted by 2016 c. 11 (N.I.) s. 22(b)
[F1Specimens of blood taken from persons incapable of consentingN.I.
18A.—(1) A constable may make a request to a medical practitioner for him to take a specimen of blood from a person ( “the person concerned”) irrespective of whether that person consents if—
(a)that person is a person from whom the constable would (in the absence of any incapacity of that person and of any objection under Article 20) be entitled under Article 18 to require the provision of a specimen of blood for a laboratory test;
(b)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 or the circumstances of that matter;
(c)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
(d)it appears to that constable that that person's incapacity is attributable to medical reasons.
(2) A request under this Article—
(a)shall not be made to a medical practitioner who for the time being has any responsibility (apart from the request) for the clinical care of the person concerned; and
(b)shall not be made to a medical practitioner other than a police medical practitioner unless—
(i)it is not reasonably practicable for the request to be made to a police medical practitioner; or
(ii)it is not reasonably practicable for such a medical practitioner (assuming him to be willing to do so) to take the specimen.
(3) It shall be lawful for a medical practitioner to whom a request is made under this Article, if he thinks fit—
(a)to take a specimen of blood from the person concerned irrespective of whether that person consents; and
(b)to provide the sample to a constable.
(4) If a specimen is taken in pursuance of a request under this Article, the specimen shall not be subjected to a laboratory test unless the person from whom it was taken—
(a)has been informed that it was taken; and
(b)has been required by a constable to give his permission for a laboratory test of the specimen; and
(c)has given his permission.
(5) A constable must, on requiring a person to give his permission for the purposes of this Article for a laboratory test of a specimen, warn that person that a failure to give the permission may render him liable to prosecution.
(6) A person who, without reasonable excuse, fails to give his permission for a laboratory test of a specimen of blood taken from him under this Article is guilty of an offence.
(7) In this Article “police medical practitioner” means a medical practitioner who is engaged under any agreement to provide medical services for purposes connected with the activities of the police.]
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