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Swansea MC – R v GE

The client was charged with drink driving in which a blood sample was provided at the hospital. The arresting office failed to note on MGDDC or statements the named medical professional in immediate charge of the defendants care and the doctor was not notified that blood was to be taken. The police later spoke to Doctor on duty who checked the records and confirmed he had no recollection of being notified and no note was found on the med records. Sandra Cooper, the reviewing lawyer made written representations to the prosecution on two occasions setting out the effect of breaching s.9 RTA 1988 protection for hospital patients. The issue was also raised in the defence case statement. The charges were discontinued two days before trial with costs awarded.

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