Part II Safety of railways etc
CHAPTER I Offences involving drink or drugs
Police powers etc
33 Protection for hospital patients.
(1)
While a person is at a hospital as a patient, he shall not be required to provide a specimen of breath for a breath test or to provide a specimen for a laboratory test unless the medical practitioner in immediate charge of his case has been notified of the proposal to make the requirement; and—
(a)
if the requirement is then made, it shall be for the provision of a specimen at the hospital, but
(b)
if the medical practitioner objects on the ground specified in subsection (2) below, the requirement shall not be made.
(2)
The ground on which the medical practitioner may object is that the requirement or the provision of a specimen or (in the case of a specimen of blood or urine) the warning required under section 31(9) above would be prejudicial to the proper care and treatment of the patient.
(3)
A person shall not be arrested under section 30(2) above while he is at a hospital as a patient.