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SCHEDULES

Prospective

[F1SCHEDULE 2AN.I.Fingerprinting and samples: power to require attendance at police station

Part 3 N.I.Non-intimate samples

Persons arrested and releasedN.I.

9(1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3ZA).N.I.

(2) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3ZA)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in Article 63(3ZA)(b)(i) or (ii).

(3) In sub-paragraph (2) “appropriate officer” means the officer investigating the offence for which the person was arrested.

Persons charged etcN.I.

10(1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3A).N.I.

(2) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3A)(a) (sample not taken previously) after the end of the period of six months beginning with the day on which he was charged or informed that he would be reported.

(3) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3A)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in Article 63(3A)(b)(i) or (ii).

(4) In sub-paragraph (3) “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported.

Persons convicted etc of an offence in Northern IrelandN.I.

11(1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3B).N.I.

(2) Where the condition in Article 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—

(a)the day on which the person was convicted or cautioned, or

(b)if later, the day on which this Schedule comes into force.

(3) Where the condition in Article 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—

(a)the day on which an appropriate officer was informed of the matters specified in Article 63(3BA)(b)(i) or (ii), or

(b)if later, the day on which this Schedule comes into force.

(4) In sub-paragraph (3)(a) “appropriate officer” means an officer of the police force which investigated the offence in question.

(5) Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution).

Persons subject to a control orderN.I.

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12  F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons convicted etc of an offence outside Northern IrelandN.I.

13  A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3D).N.I.

Multiple exercise of powerN.I.

14(1) Where a non-intimate sample has been taken from a person under Article 63 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have another such sample taken from him under that Article in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.N.I.

(2) Where an authorisation is given under sub-paragraph (1) —

(a)the fact of the authorisation, and

(b)the reasons for giving it,

shall be recorded as soon as practicable after it has been given.]