C6 Part V Questioning and Treatment of Persons by Police
C2C3C5C763C1Other samples.
1
Except as provided by this section, a non-intimate sample may not be taken from a person without the appropriate consent.
2
Consent to the taking of a non-intimate sample must be given in writing.
F102A
A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.
2B
The first is that the person is in police detention in consequence of his arrest for a recordable offence.
2C
The second is that—
a
he has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or
b
he has had such a sample taken but it proved insufficient.
3
A non-intimate sample may be taken from a person without the appropriate consent if—
a
he F11. . . is being held in custody by the police on the authority of a court; and
b
an officer of at least the rank of F1inspector authorises it to be taken without the appropriate consent.
F193ZA
A non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this subsection) he has been arrested for a recordable offence and released and—
a
F27... he has not had a non-intimate sample of the same type and from the same part of the body taken from him in the course of the investigation of the offence by the police; or
F183A
A non-intimate sample may be taken from a person (whether or not he is in police detention or held in custody by the police on the authority of a court) without the appropriate consent if he has been charged with a recordable offence or informed that he will be reported for such an offence and—
a
he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police; or
b
he has had a non-intimate sample taken from him in the course of that investigation but—
i
it was not suitable for the same means of analysis, or
ii
it proved F26insufficient, or
iii
subsection (3AA) below applies; or
c
he has had a non-intimate sample taken from him in the course of that investigation and—
i
the sample has been destroyed pursuant to section F13 63R below or any other enactment, and
ii
it is disputed, in relation to any proceedings relating to the offence, whether a DNA profile relevant to the proceedings is derived from the sample.
F253AA
This subsection applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation—
a
any DNA profile derived from the sample was destroyed pursuant to section 63D(3) below, and
b
the sample itself was destroyed pursuant to section 63R(4), (5) or (12) below.
F153B
Subject to this section, a non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this subsection)—
a
he has been convicted of a recordable offence, F14 or
b
he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, F17 and
F24c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
either of the conditions mentioned in subsection (3BA) below is met.
3BA
The conditions referred to in subsection (3B) above are—
a
a non-intimate sample has not been taken from the person since he was convicted F20 or cautioned;
b
such a sample has been taken from him since then but—
i
it was not suitable for the same means of analysis, or
ii
it proved insufficient.
3BB
A non-intimate sample may only be taken as specified in subsection (3B) above with the authorisation of an officer of at least the rank of inspector.
3BC
An officer may only give an authorisation under subsection (3BB) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.
F23C
A non-intimate sample may also be taken from a person without the appropriate consent if he is a person to whom section 2 of the Criminal Evidence (Amendment) Act 1997 applies (persons detained following acquittal on grounds of insanity or finding of unfitness to plead).
F123E
Subject to this section, a non-intimate sample may be taken without the appropriate consent from a person if—
a
under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not he has been punished for it);
b
the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted); and
c
either of the conditions mentioned in subsection (3F) below is met.
3F
The conditions referred to in subsection (3E)(c) above are—
a
the person has not had a non-intimate sample taken from him on a previous occasion under subsection (3E) above;
b
he has had such a sample taken from him on a previous occasion under that subsection but—
i
the sample was not suitable for the same means of analysis, or
ii
it proved insufficient.
3G
A non-intimate sample may only be taken as specified in subsection (3E) above with the authorisation of an officer of at least the rank of inspector.
3H
An officer may only give an authorisation under subsection (3G) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.
4
An officer may only give an authorisation under subsection (3) above if he has reasonable grounds—
a
for suspecting the involvement of the person from whom the sample is to be taken in a F3recordable offence; and
b
for believing that the sample will tend to confirm or disprove his involvement.
5
An officer may give an authorisation under subsection (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
F45A
An officer shall not give an authorisation under subsection (3) above for the taking from any person of a non-intimate sample consisting of a skin impression if—
a
a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the offence; and
b
the impression previously taken is not one that has proved insufficient.
F306
Where a non-intimate sample is taken from a person without the appropriate consent by virtue of any power conferred by this section—
a
before the sample is taken, an officer shall inform him of—
i
the reason for taking the sample;
ii
the power by virtue of which it is taken; and
iii
in a case where the authorisation of an officer is required for the exercise of the power, the fact that the authorisation has been given; and
b
those matters shall be recorded as soon as practicable after the sample is taken.
7
The reason referred to in subsection (6)(a)(i) above must include, except in a case where the non-intimate sample is taken under subsection (3B) or (3E) above, a statement of the nature of the offence in which it is suspected that the person has been involved.
F58B
If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent—
C4a
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.
9
If a non-intimate sample is taken from a person detained at a police station, the matters required to be recorded by F29subsection (6) or (8B) above shall be recorded in his custody record.
F89ZA
The power to take a non-intimate sample from a person without the appropriate consent shall be exercisable by any constable.
F69A
Subsection (3B) above shall not apply to
F16a
any person convicted before 10th April 1995 unless he is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies (persons imprisoned or detained by virtue of pre-existing conviction for sexual offence etc.).F22; or
b
a person given a caution before 10th April 1995.
F710
Nothing in this section applies to a person arrested or detained under the terrorism provisions F23or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
F3110A
Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023.
F911
Nothing in this section applies to a person arrested under an extradition arrest power.
Pt. V incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52