Section 123H: Provision of specimens for analysis

123H. Provision of specimens for analysis (1) Subject to section 123K, a police officer may, in the course of an investigation into whether a person has committed an offence under section 123D, 123E or 123F, require the person to— (a) provide 2 specimens of breath for analysis by means of a device of a type approved by the Minister; or (b) provide at hospital a specimen of blood or urine, or both, for a laboratory test. [Issue 9] R27 – 104 Revised Laws of Mauritius (2) If the provision of a specimen other than a specimen of breath may be required in pursuance of this section, the question whether it is to be a specimen of blood or a specimen of urine shall be decided by the police officer making the requirement, but if a medical practitioner is of the opinion that for medical reasons a specimen of blood cannot or should not be taken, the specimen shall be 2 specimens of urine. (3) A specimen of urine shall be provided within one hour of the requirement for its provision being made and after the provision of a previous specimen of urine. (4) A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section shall commit an offence. (5) A police officer shall, on requiring any person to provide a specimen for a laboratory test in pursuance of this section, warn him that a failure, without any excuse, to provide it may render him liable to prosecution and may be used against him as evidence. (6) (a) In a prosecution under section 123D or 123F of this Act, a refusal without reasonable excuse by a person to submit himself to a breath test or to give a specimen of his blood or specimens of his urine when required to do so in pursuance of this section shall be held against him as prima facie evidence that at the material time the proportion of alcohol in his blood exceeded the prescribed limits. (b) Paragraph (a) shall not apply where the person has not been warned by a police officer in accordance with subsection (5). [S. 123H inserted by s. 5 of Act 9 of 2003 w.e.f. 1 September 2003.] 123I. [EDITORIAL NOTE: Section 123I omitted in s. 5 of Act 9 of 2003.]