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The Police (Scotland) Regulations 2004

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Samples

19.—(1) All members of a police force, except those members appointed following their transfer from another police force, shall on appointment and in accordance with the directions of the chief constable have a sample taken.

(2) Samples or the information derived from samples of members of a police force taken in accordance with this regulation shall be kept separate from the samples or the information derived from samples taken in accordance with sections 18, 19 and 19A of the Criminal Procedure (Scotland) Act 1995(1) or section 56 of the Criminal Justice (Scotland) Act 2003(2) or otherwise lawfully taken and held by or on behalf of any police force or in connection with or as a result of an investigation of an offence.

(3) The samples shall be taken for the purpose of enabling a check to be carried out against any other sample or information derived from a sample taken by or on behalf of any police force or in connection with or as a result of the investigation of a criminal offence.

(4) The samples or information derived from samples of a member of a police force taken in accordance with paragraph (1), and all copies and records thereof shall be destroyed on that member ceasing to be a member of that force except that where that member becomes a member of another force, that member’s samples or information and all copies and records thereof shall be transferred to the chief constable of that other force.

(5) In this regulation “sample” means–

(a)a sample of hair, other than pubic hair, complete with roots;

(b)saliva; or

(c)a swab taken from the mouth.

(1)

1995 c. 46. Section 19A of the Criminal Procedure (Scotland) Act 1995 was inserted by section 48(2) of the Crime and Punishment (Scotland) Act 1997 c. 48. Sections 18, 19 and 19A were amended by section 55 of the Criminal Justice (Scotland) Act 2003 (asp 7).

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