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Forensic Medicine · Medical law: examination of an arrested person
Sample itemPolice produce a man arrested for assault and ask a registered medical practitioner to examine him. He refuses, saying he has not consented. What does the law allow?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
D. Examination at the police officer's request using reasonable force, with a female practitioner for a female accused
The criminal procedure law allows a registered medical practitioner, at the request of a police officer, to examine an arrested person who is accused of an offence when there are reasonable grounds that the examination will give evidence, and to use reasonable force. For a female accused, the examination must be by or under the supervision of a female practitioner.
Option by option
A. Refusal, because examination without consent is assault in every circumstance
Examination of an accused under this provision is not assault.
B. Examination only after a written order of the Sessions Court
No court order is needed for this examination.
C. Examination only if his advocate is present
A lawyer's presence is not required for it.
D. Examination at the police officer's request using reasonable force, with a female practitioner for a female accused (correct)
Correct. The law permits examination with reasonable force and special protection for women.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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