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Medical Records And The Police
7 Answers
Under what circumstances would the police request an accused medical history?
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There is no statute law that requires provision of confidential information to the police or to courts, even where the matter in issue is a serious crime. Further by virtue of the Police and Criminal Evidence Act 1984 (PACE) PACE Sections 8 and 9 and schedule 1 (see R v. Central Criminal Court ex parte Brown (1992) TLR Sept 7th) in the absence of agreement by those holding the records the police have no powers to seize or have access to ‘documentary and other records... relating to a person’s physical and mental health’ (Section 12 PACE, unless it is necessary to prevent relevant records being destroyed (Section 19 PACE)).
but on the other hand.....
various conditions, the medical staff are obliged to inform the Police:
stab wounds - and remember someone stabbed need not be the victim, he could be an unlucky aggressor
and I think Terrorism....and remember being blown up doesnt necessarily mean you are a victim.
In fact in the vast majority of cases, it is the address the Police want and not much else (altho' in your case I think it is the not much else you are referring to)
various conditions, the medical staff are obliged to inform the Police:
stab wounds - and remember someone stabbed need not be the victim, he could be an unlucky aggressor
and I think Terrorism....and remember being blown up doesnt necessarily mean you are a victim.
In fact in the vast majority of cases, it is the address the Police want and not much else (altho' in your case I think it is the not much else you are referring to)
Dead right Zacs, and with authorities . Welcome to the AB incompetent lawyers' club ! Well, we'll let you in, even though you are competent.
Yes,even if police have someone sectioned for their own protection or the protection of the public, they might seek the medical history but have no power to insist on it. In practice, this may well be furnished, but that's another matter. The person, if to be detained, will be seen by doctors anyway.
Yes,even if police have someone sectioned for their own protection or the protection of the public, they might seek the medical history but have no power to insist on it. In practice, this may well be furnished, but that's another matter. The person, if to be detained, will be seen by doctors anyway.
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Police are able to request medical records to prevent / detect crime or apprehend / prosecute an offender and where failure to release the records would seriously harm that purpose. The right to resquest this info is covered in section 29 of the data protection act 1998.
In practice police will contact hospitals or doctors and make the request in writing, usually with what is known as a section 29 form. Where the data holder does not believe the info is needed for the stated pourposes or declines release the police can seek a court order.
In practice police will contact hospitals or doctors and make the request in writing, usually with what is known as a section 29 form. Where the data holder does not believe the info is needed for the stated pourposes or declines release the police can seek a court order.
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