Annex K: X-rays and ultrasound scans
(a) Action
1. PACE, section 55A allows a person who has been arrested and is in police detention to have an X-ray taken of them or an ultrasound scan to be carried out on them (or both) if:
(a) authorised by an officer of inspector rank or above who has reasonable grounds for believing that the detainee:
(i) may have swallowed a Class A drug; and
(ii) was in possession of that Class A drug with the intention of supplying it to another or to export; and
(b) the detainee’s appropriate consent has been given in writing.
2. Before an x-ray is taken or an ultrasound scan carried out, a police officer or designated detention officer must tell the detainee:-
(a) that the authority has been given; and
(b) the grounds for giving the authorisation.
3. Before a detainee is asked to give appropriate consent to an x-ray or an ultrasound scan, they must be warned that if they refuse without good cause their refusal may harm their case if it comes to trial, see Notes K1 and K2. This warning may be given by a police officer or member of police staff. In the case of juveniles and vulnerable persons, the seeking and giving of consent must take place in the presence of the appropriate adult. A juvenile’s consent is only valid if their parent’s or guardian’s consent is also obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is sufficient in its own right. A detainee who is not legally represented must be reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the reminder noted in the custody record.
4. An x-ray may be taken, or an ultrasound scan may be carried out, only by a registered medical practitioner or registered nurse, and only at a hospital, surgery or other medical premises.
(b) Documentation
5. The following shall be recorded as soon as practicable in the detainee’s custody record:
(a) the authorisation to take the x-ray or carry out the ultrasound scan (or both);
(b) the grounds for giving the authorisation;
(c) the giving of the warning required by paragraph 3; and
(d) the fact that the appropriate consent was given or (as the case may be) refused, and if refused, the reason given for the refusal (if any); and
(e) if an x-ray is taken or an ultrasound scan carried out:
where it was taken or carried out;
who took it or carried it out;
who was present;
the result.
6. Not used.
Notes for Guidance
K1 If authority is given for an x-ray to be taken or an ultrasound scan to be carried out (or both), consideration should be given to asking a registered medical practitioner or registered nurse to explain to the detainee what is involved and to allay any concerns the detainee might have about the effect which taking an x-ray or carrying out an ultrasound scan might have on them. If appropriate consent is not given, evidence of the explanation may, if the case comes to trial, be relevant to determining whether the detainee had a good cause for refusing.
K2 In warning a detainee who is asked to consent to an X-ray being taken or an ultrasound scan being carried out (or both), as in paragraph 3, the following form of words may be used:
“You do not have to allow an x-ray of you to be taken or an ultrasound scan to be carried out on you, but I must warn you that if you refuse without good cause, your refusal may harm your case if it comes to trial.”
Where the use of the Welsh Language is appropriate, the following form of words may be provided in Welsh:
“Does dim rhaid i chi ganiatáu cymryd sgan uwchsain neu belydr-x (neu’r ddau) arnoch, ond mae’n rhaid i mi eich rhybuddio os byddwch chi’n gwrthod gwneud hynny heb reswm da, fe allai hynny niweidio eich achos pe bai’n dod gerbron llys.”