Under S7A(1) RTA 1988, when may a blood specimen be taken without the subject's valid consent?

• A. Never
• B. When the person is unable to give valid consent
• C. Only with a court order
• D. Only with consent from a medical practitioner

Answer: (B)

The key rule tested is that there is a specific exception to needing a person’s consent for a blood sample under this act. Normally a blood sample requires valid consent, but the law allows a blood sample to be taken without consent when the person cannot give valid consent themselves—for example, if they are unconscious, severely injured, or otherwise incapable of understanding and agreeing to the procedure. This is important for ensuring evidence can be obtained to assess impairment in driving offences when the driver cannot consent due to their condition.

That’s why the answer is that a blood specimen may be taken without the subject’s valid consent when the person is unable to give valid consent. The other options don’t fit because the statute does include this incapacity-based exception, rather than requiring a court order or doctor’s consent in every case, and it isn’t correct to say never.