02508 PROCEDURE HOSPITAL PROCEDURE: UNCONSCIOUS SUSPECTS. 2. Risk Assessments / Health & Safety Considerations

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1 Version: 3.2 Last Updated: 13/08/12 Review Date: 28/11/14 ECHR Potential Equality Impact Assessment: High 1. About This Procedure 1.1. This document explains the procedure that is followed by Hampshire Constabulary when seeking to take blood specimens from an unconscious suspect who is a hospital patient The provisions of this procedure address a problem that arises under the Road Traffic Act 1988 (and similarly under the Transport and Works Act 1992) in that a person must consent before a blood specimen can be taken to test for the presence of alcohol or drugs. Sometimes following a collision the person concerned cannot consent because of his or her medical condition. Typically, but not exclusively, this is because he/she is unconscious The following procedure must be strictly adhered to in order to maintain a realistic prospect of a successful prosecution. 2. Risk Assessments / Health & Safety Considerations 2.1. There are no specific risks associated with the implementation of this procedure. 3. The Procedure 3.1. Only officers who have attended and passed the Hampshire Intoximeter Training course are qualified to carry out this Procedure. When doing so officers must follow the text and guidance contained in the MGDD/C form. All hospital procedures performed in relation to road traffic crashes that fall within the Road Death Incident Manual will be carried out by a member of the Roads Policing Unit Upon attendance at a hospital the officer carrying out the procedure must ascertain whether the suspect is a conscious casualty of whom drink/drive requirements can be made in the usual way (see Procedure Hospital Procedure: Conscious Suspect) or is, by reason of a medical condition, incapable of consenting (typically, the person will be unconscious/heavily sedated).

2 3.3. When the latter is the case, the officer's actions will be governed by the provisions of section 7A of the Road Traffic Act The officer must ascertain from the medical practitioner in charge of the casualty if the person is fit (other than being unconscious) to provide a specimen of blood. If there is no objection, the officer must summon a Forensic Medical Examiner who, on arrival, must be acquainted with the circumstances and the absence of any hospital objections, and asked to take a specimen of blood A doctor other than a Forensic Medical Examiner (FME) may only be asked to take a specimen if it is impractical to obtain the services of a FME. This is a specific requirement of section 7A of the Road Traffic Act If a doctor other than a FME is used, the reasons must be recorded on the MGDD/C. The doctor used must not, on any account, be a medical practitioner who "for the time being has any responsibility for the clinical care of the person concerned" Blood must be taken using a standard "Blood Kit". The specimen must be divided into two parts as usual. Both parts, each in its own tamper-evident bag, must be sealed into a third bag (plastic property bag). This bag must be sealed with a numbered seal and marked clearly "Unconscious driver case: Not to be opened except on the specific instruction of (name of officer in the case)". This bag, containing the two parts, must then be stored at the local police station (usually this will be in the refrigerator normally used to store blood specimens) where evidence of security and continuity can be established. It is the responsibility of the relevant station to ensure that suitable refrigeration facilities are readily available The medical practitioner taking the blood specimen is required to complete a form HO/RT Checks must be made with the hospital on a daily basis to establish the condition of the unconscious patient until the person is sufficiently recovered to be seen by the police. Officers going on leave or rest days must ensure, through their supervisor that the relevant enquiries are made of the hospital. A record of these contacts must be made at C42 in the MGDD/C At this point, and assuming that the person is still in hospital, the officer in the case must ascertain from the hospital doctor responsible for the patient if he/she is fit to be asked for their permission to allow the police to have the specimen analysed and to be given warning of the consequences of refusal. If the officer in the case is not available, a suitably qualified officer nominated by the supervisor must make these checks. This might require repeated enquiries, which must be recorded at C42 in the MGDD/C. It will be necessary to show that the person has been seen as soon as practicable.

3 3.9. When the person is seen, due regard must be given to their privacy If the person, having received the request, asks for time to consult a solicitor or some other person this must be agreed and arrangements made for a further visit. This must be recorded at C42 in MGDD/C Provided that the visit is restricted to asking the person to give permission to analyse the specimen it will not be considered an interview for the purposes of the Police and Criminal Evidence Act If the person consents to the blood specimen being analysed, one part of the specimen must be sent to the forensic laboratory for analysis in the normal manner (see Procedure Submission of Specimens for Analysis). No further action regarding prosecution must be taken until the result of the analysis is available The person must be offered the second part of the specimen for his or her own private analysis. If this offer is accepted the specimen, accompanied by a booklet containing details of forensic analysts etc., must be delivered to him or her personally. The specimen must not be posted or delivered through a letter box. If the specimen cannot be delivered personally (this is only likely to occur when a person is no longer in hospital) a suitable letter must be delivered at the person's address informing him or her of the location from where it may be collected If the person declines the offer to take their part of the specimen or fails to collect it (as in 3.13 above) then that part of the specimen must be retained by the police and stored in the refrigerator until the conclusion of the case If the person refuses to allow the specimen to be analysed then they should be reported for the offence of failure to give permission for analysis. Under section 7A(6) this is a summary only offence and carries an identical penalty to failing to provide under section 7 of the 1988 Act In such circumstances both parts of the specimen must be retained by the police and stored in the refrigerator until the conclusion of the case If a result from the forensic laboratory indicates that the proportion of alcohol in the specimen exceeds the prescribed limit or indicates the presence of a drug the officer in the case must arrange to see the person (whether at home, hospital or at the police station for

4 voluntary interview). The officer must inform the person of the result of the analysis, clarify any issues that might have arisen during the investigation, serve copies of the analyst's certificate/statement and HO/RT5, and report that person for the relevant excess alcohol or impairment offence. Officers should seek advice regarding the reporting for offences under section 3A or 4 of the 1988 Act from their supervising officers In a case where a person remains unconscious for a prolonged period of time (in excess of 14 days) contact must be made with the Force PACE & Custody Advisor for advice as to what action to take A new Section 31A has been inserted into the Transport and Works Act 1992 which mirrors the provisions outlined above, but in relation to persons working on public transport systems, such as railways. 4. Roles and Responsibilities 4.1. The responsibilities of individual officers are detailed in section 3 above Overall responsibility for this procedure rests with the Assistant Chief Constable, Territorial Operations. 5. Administration 5.1. The administrative requirements specific to this procedure are set out in Section 3 above. 6. Monitoring / Evaluation 6.1. The Force Intoximeter Liaison Officer, on behalf of the CJD Central Custody Team is responsible for monitoring and evaluating the effectiveness of this procedure across the Constabulary. 7. Review 7.1. The CJD Central Custody Team, on behalf of the Assistant Chief Constable, Territorial Operations is responsible for annually reviewing this procedure.

5 8. Related Policies, Procedures and Information Sources 8.1. This procedure relates to Policy Drink/Drugs Driving 8.2. This Procedure Is Linked To The Following Procedures: Procedure Breath Test Devices Procedure Preliminary Breath Test Procedure Preliminary Impairment Test Procedure Evidential Breath Specimens: Station Procedure Procedure Audio Visual Recording of Breath Test Procedure Procedure Impairment: Station Procedure Procedure Hospital Procedure: Conscious Suspects Procedure Submission of Road Traffic Act Specimens for Analysis Procedure Drink/Drug Driving - Back Calculations Procedure Hip Flask Defence Procedure Drink/Drug Driving - Technical Assistance for Court Procedure Drink/Drugs: Railways Procedure Drink/Drugs: Maritime Procedure Drink /Drugs: Aviation AD203 Equality Impact Assessment Origin: CJD Central Custody Team