The Police (Amendment) (Northern Ireland) Order 1995

Powers of police to take non-intimate body samples

11.—(1) Articles 63 of the 1989 Order (regulation of taking of non-intimate samples) shall be amended as follows.

(2) After paragraph (3), there shall be inserted the following paragraphs—

“(3A) A non-intimate sample may be taken from a person (whether or not he falls within paragraph (3)(a)) without the appropriate consent if—

(a) he has been charged with a recordable offence or informed that he will be reported for such an offence; and

(b) either he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police or he has had a non-intimate sample taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient.

(3B) A non-intimate sample may be taken from a person without the appropriate consent if he has been convicted of a recordable offence.”.

(3) In paragraph (4), in sub-paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “recordable offence”.

(4) After paragraph (8), there shall be inserted the following paragraphs—

“(8A) In a case where by virtue of paragraph (3A) or (3B) a sample is taken from a person without the appropriate consent—

(a) he shall be told the reason before the sample is taken; and

(b) the reason shall be recorded as soon as practicable after the sample is taken.

(8B) If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent—

(a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.”

(5) In paragraph (9), after the words “paragraph (8)” there shall be inserted the words. “(8A) or (8B)”.

(6) For paragraph (10) there shall be substituted the following paragraph—

“(10) Paragraph (3B) shall not apply to persons convicted before the date on which that paragraph comes into operation.”.

(7) At the end add—

“(11) Paragraphs (1) to (9) shall apply to the taking of a non-intimate sample from a person arrested under section 14(1)(b) of the Prevention of Terrorism (Temporary Provisions) Act 1989 as if—

(a) for paragraph (4) there were substituted—

“(4) An officer may only give an authorisation under paragraph (3) for the taking of a non-intimate sample if he is satisfied that it is necessary to do so in order to assist in determining whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies.”;

(b) in paragraph (7) after the word “includes” there were inserted the words “where relevant”.”