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The Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009

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X-rays and ultrasound scans

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7.—(1) If an authorising service policeman has reasonable grounds for believing that a person who has been arrested for an offence and is in custody—

(a)may have swallowed a Class A drug, and

(b)was in possession of it with the appropriate criminal intent before his arrest,

the authorising service policeman may authorise that an x-ray is taken of the person or an ultrasound scan is carried out on the person (or both).

(2) An x-ray must not be taken of a person and an ultrasound scan must not be carried out on him unless the appropriate consent has been given in writing.

(3) If it is proposed that an x-ray is taken or an ultrasound scan is carried out, a service policeman must inform the person who is to be subject to it—

(a)of the giving of the authorisation for it, and

(b)of the grounds for giving the authorisation.

(4) An x-ray may be taken or an ultrasound scan carried out only by a suitably qualified person and only at—

(a)a hospital,

(b)a registered medical practitioner’s surgery, or

(c)some other place used for medical purposes.

(5) A record shall be made in writing by a service policeman stating—

(a)the authorisation by virtue of which the x-ray was taken or the ultrasound scan was carried out,

(b)the grounds for giving the authorisation, and

(c)the fact that the appropriate consent was given.

(6) The information required to be recorded by paragraph (5) must be recorded as soon as practicable after the x-ray has been taken or ultrasound scan carried out (as the case may be).

(7) If the appropriate consent to an x-ray or ultrasound scan of any person is refused without good cause, in any proceedings against that person for an offence—

(a)the court, in determining whether there is a case to answer, and

(b)the court, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper.

(8) In this article, “the appropriate criminal intent”, “Class A drug” and “suitably qualified person” have the same meanings as in article 6.

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