Cap. 65 Art. 15LTaking of blood specimens from persons who cannot give their consent.

(1) The procedure established in this article shall apply in cases where a person referred to in article 15CA(3):

(a) cannot give his consent to a preliminary test and

confirmatory test; or

(b) cannot be subjected to a preliminary test and confirmatory test.

(2) Any medical practitioner attending a hospitalised person referred to in sub-article (1), while that person remains so hospitalised, shall upon the request of a police officer confirmed by an order of a Magistrate, be required to take a specimen of that patient’s blood for analysis as soon as practicable.

(3) If there is no medical practitioner present to attend the hospitalised person referred to in article 15CA(3), the blood specimen shall be taken by a healthcare professional who is attending the patient and who is accredited by a hospital as competent to perform the sampling procedures.

(4) The taking of a blood specimen from a hospitalised person referred to in article 15CA(3) shall not be required in accordance with this article unless, at the time of the accident concerned, the patient concerned who was involved in the accident was:

(a) driving a motor vehicle involved in the accident;

(b) occupying the driver’s seat of a motor vehicle involved in the accident and attempting to put the motor vehicle in motion; or

(c) the holder of an applicable driver licence and occupying the seat in the motor vehicle next to a learner driver who was driving a motor vehicle involved in the accident.