Criminal Law Code as at 1st March 2007 such consent or authority shall be a complete defence to a charge of murder or assault arising out of that treatment or operation if⎯ (i) the consent complies with paragraphs (b), (c) and (d) of subsection (1) of section two hundred and forty-five; and (ii) the treatment or operation is carried out competently in accordance with recognised medical procedures. (3) If a qualified person believes on reasonable grounds that⎯ (a) a patient urgently requires medical treatment or a medical operation to cure or alleviate any disease or disability from which the patient is suffering or is reasonably suspected of suffering; and (b) it is not practicable in the circumstances to obtain the consent or authority required by or referred to in subsection (2); he or she may give the treatment or perform the operation, as the case may be, without having obtained such consent or authority. (4) The fact that a qualified person gave treatment or performed an operation in terms of subsection (3) shall be a complete defence to a charge of murder or assault arising out of that treatment or operation if the treatment or operation is carried out competently in accordance with recognised medical procedures. 248 Consent to medical treatment for non-therapeutic purposes (1) In this section⎯ “patient” means a person to whom medical treatment is given or upon whom a medical operation is performed; “qualified person”, in relation to any medical treatment or operation, means a person who, by virtue of his or her qualifications or training, is in all the circumstances qualified to give the medical treatment or perform the medical operation. (2) Where a qualified person, with the consent of the patient concerned, gives any medical treatment to or performs any medical operation upon a patient⎯ (a) otherwise than to cure or alleviate any disease or disability; or (b) in order to sterilise the patient; such consent or authority shall be a complete defence to a charge of murder or assault arising out of that treatment or operation if⎯ (i) the consent complies with paragraphs (b), (c) and (d) of subsection (1) of section two hundred and forty-five; and (ii) the treatment or operation is carried out competently in accordance with recognised medical procedures; and (iii) in a case where the treatment consists of the administration of any new, untried or experimental drug, medicine or allied substance, such treatment is conducted pursuant to and in accordance with the procedures prescribed for the clinical trial of a medicine under the Part III of the Medicines and Allied Substances Control Act [Chapter 15:03].”. - 130 -