Criminal Justice (Scotland) Act 2003

55 Taking samples by swabbing

(1) The 1995 Act is amended as follows.

(2) In section 18 (prints, samples etc. in criminal investigations)—

(a) in subsection (6), paragraph (d) is repealed; and

(b) after that subsection there is inserted—

“(6A) A constable, or at a constable’s direction a police custody and security officer, may take from the inside of the person’s mouth, by means of swabbing, a sample of saliva or other material.”.

(3) In each of sections 19(2) (prints, samples etc. in criminal investigations: supplementary provisions) and 19A(2) (samples etc. from persons convicted of sexual and violent offences)—

(a) the word “and” which immediately follows paragraph (a) is repealed;

(b) in paragraph (b), for the word “(d)” there is substituted “(c)”; and

(c) after that paragraph there is added the word “and” and the following paragraph—

“(c) take, or direct a police custody and security officer to take, from the person any sample mentioned in subsection (6A) of that section by the means specified in that subsection.”.

(4) In section 19B (power of constable in obtaining relevant physical data etc.), the existing provisions become subsection (1); and after that subsection there is added—

“(2) A constable may, with the authority of an officer of a rank no lower than inspector, use reasonable force in (himself) exercising any power conferred by section 18(6A), 19(2)(c) or 19A(2)(c) of this Act.”.