Professor Forrest at Sheffield has produced a short monograph covering this
rather confused legal area.
If I remember correctly, the police do have powers to seize any material
required as evidence in a criminal matter, where they suspect that the material
(i.e. blood samples etc) is likely to be destroyed. Failure to cooperate with
the police in such a matter might lead to an individual being charged
with "obstructing the police in the course of their duties", although the
possibility of this outcome would seem to be rather remote.
Apart from the above, the usual rules of disclosure apply i.e. the patient
whose samples they are has to give informed (and preferably) written consent
for them to be used in forensic matters. Disclosure of patient results to a
third party also requires informed and written permission, although it is worth
while remembering that for legal purposes, a blood alcohol performed in the
laboratory by the customary enzymatic method is not acceptable.
If the patient is deceased, then the matter becomes one for the Coroner and the
Coroners Officer who may direct that relevant material be released to the
police or other competent authority.
The reality is that occasionally there can be confrontations between the police
and laboratory staff. These should always be handled by the most senior member
of staff. If all else fails, then qualified legal advice should be sought.
David Williams
> We have clear local guidelines for releasing samples to the police when the
> patient is able to give his/her written permission but not infrequently are
> asked to hand over specimens when the patient is unable to do this. For
> example, he or she might be unconscious.
>
> Is the permission of the next of kin acceptable in such cases or should we,
> as I suspect, insist on a court order ?
>
> Dr David Hullin
> Department of Clinical Biochemistry
> Royal Glamorgan Hospital
> Llantrisant
>
>
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