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 Criminal Solicitor Dot Net»Police Stations
Subject Topic: Blood sample option advice Post ReplyPost New Topic
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Ploughman
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Joined: 05 February 2010
National Flag of United Kingdom United Kingdom
Posts: 3
Posted: 05 February 2010 at 06:05 | IP Logged Quote Ploughman
Greetings to all with my first posting.
 
What are the views of the forum regarding the advising of a detained person by a police officer in respect of whether or not to take the option to have a specimen of breath replaced by blood. Picture the scene where the option is available and the DP asks the officers opinion as to if they should take the option or not. is there anything to prevent the officer from commenting or indeed anything that supports the giving of advice regarding such advice being offered.
 
Regards
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Ron Barker
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Posted: 05 February 2010 at 08:00 | IP Logged Quote Ron Barker
I think that it is always dangerous for police officers to give what could amount to legal advice to a detainee.  The officer is liable to end up in court having to justify their advice.
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MattD
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Posted: 06 February 2010 at 09:43 | IP Logged Quote MattD
We should never advise an individual regardless of whether PACE actually covers that type of "advise" as being prohibited if you see my meaning.
 
With the option of bloods in drink drive we invariably get asked for advice - i simply outline each possible scenario that could occur.
1) You dont opt for it and stay with the breath and get charged
2) You go for the blood option, it comes back over the limit and you get charged
3) You go for the blood option and it comes back under the limit and you dont get charged.
 
I know its not particularly helpful to a DP but if we cant give advise all we can give is information and let people make there own, more informed choice.
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Lebezyatnikov
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Posted: 06 February 2010 at 19:52 | IP Logged Quote Lebezyatnikov
This reminds me of the Monty Hall problem - a probability / logic brainteaser based upon a game show.  Basically it's only worth taking the review option if the compere (or police officer!) has inside knowledge. 
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MattD
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Posted: 08 February 2010 at 04:58 | IP Logged Quote MattD
and behind door number 3 we have......disqualification!
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ahare
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Posted: 08 February 2010 at 08:07 | IP Logged Quote ahare
Recent case on this procedure:-
 
 
 
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