26.This section ensures that decisions about forensic medical examination are made on the basis of professional judgement. This means that the Act does not confer on individuals a right to have a forensic medical examination, a particular type of examination, or to have particular items of property taken and retained by health boards in self-referral cases.
27.There are a number of circumstances where a professional judgment might be made that a forensic medical examination, or certain parts of the full examination process, should not be carried out. For example, a forensic medical examination requires to be carried out sufficiently soon after the incident that there will still be evidence to gather.(11) This section ensures that a health board is not obliged to carry out an examination where a professional judgement is made that it is not appropriate to proceed with the examination or full examination for any reason. Professional judgement includes both clinical and non-clinical elements. It includes, for example, consideration of whether a person can consent to the examination, whether decisions need to be taken on a multi-agency basis and whether in the circumstances of the case it is in the public interest for a police report to be made. It is supported by guidance from the Faculty of Forensic and Legal Medicine (FFLM) and others. FFLM guidance covers matters including what non-sample evidence to retain in particular self-referral scenarios.
The Act: Section by Section Section 3: Limitations on provision of forensic medical examinations