Section 74Part 4 — Powers, Duties and Privileges of Police Officers
X-rays and ultrasound scans
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74. (1) If a police officer of at least the rank of Inspector has reasonable grounds for believing that a person who has been arrested for an offence and is in police detention may have swallowed a controlled drug, the police officer may authorise that an x-ray is taken of the person or an ultrasound scan is carried out on the person or both.
An x-ray shall not be taken or an ultrasound scan shall not be carried out on a person unless the appropriate consent has been given in writing.
If it is proposed that an x-ray is taken or ultrasound scan is carried out, a police officer shall inform the person who is to be subject to it —
of the giving of the authorisation for it; and
of the grounds for giving the authorisation.
An x-ray may be taken or an ultrasound scan carried out only by a suitably qualified person and only at — Police Act (2021 Revision) Section 75 c Revised as at 31st December, 2020 Page 69
a hospital;
a registered medical doctor’s surgery; or
some other place used for medical purposes.
The custody record of the person shall also state —
the authorisation by virtue of which the x-ray was taken or the ultrasound scan carried out;
the grounds for giving the authorisation; and
the fact that the appropriate consent was given.
The information required to be recorded by subsection (5) shall be recorded as soon as practicable after the x-ray has been taken or ultrasound scan carried out, as the case may be.
If the appropriate consent to an x-ray or ultrasound scan of any person is refused without good cause, in any proceedings against that person for an offence —
the court, in determining whether there is a case to answer; or
the court or jury, in determining whether that person is guilty of the offence charged, may draw such inferences from the refusal as appear proper.
In this section “controlled drug” and “suitably qualified person” have the same meaning as in section 73.