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Milne v M’Donald: HCJ 1971

The court was asked whether a blood specimen having been requested at one police station, it could be taken at another.
Held: The requirement to provide a specimen for a laboratory test is something different from the actual providing of the specimen. Subsection (1) of section 3 deals with the former only, and not with the latter.

Citations:

[1971] JC 40

Statutes:

Road Safety Act 1967 3(1)

Jurisdiction:

Scotland

Citing:

Not FollowedButler v Easton QBD 1970
The initial formalities of a request for a specimen of blood from a driver took place at one police station, but no doctor was available there and the suspect was taken to another police station where a specimen was given. He challenged his . .

Cited by:

CitedRussell v Devine (On Appeal from the Court of Appeal Northern Ireland) HL 8-May-2003
The House was asked whether a specimen of blood required under the regulations, having been requested at a hospital or health centre had to be taken there.
Held: The health centre was not a hospital within the regulations. However the request . .
FollowedPascoe v Nicholson HL 1981
A specimen of blood was required at one police station but provided at another.
Held: The request was validly made. . .
Lists of cited by and citing cases may be incomplete.

Road Traffic

Updated: 12 May 2022; Ref: scu.182094

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