Criminal Justice Act 1988

Interpretation

6 (1) In this Schedule—

• “appropriate consent” means—

  (a)

  in relation to a person who has attained the age of 17 years, the consent of that person;

  (b)

  in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and

  (c)

  in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;

• “intimate sample” means a sample of blood, semen or any other tissue fluid, urine or pubic hair, or a swab taken from any of a person’s body orifices except his mouth;

• “non-intimate sample” means—

  (a)

  a sample of hair other than pubic hair;

  (b)

  a sample taken from a nail or from under a nail;

  (c)

  a sample of saliva;

  (d)

  a swab taken from a person’s mouth;

  (e)

  a swab taken from any other part of a person’s body except a body orifice other than his mouth;

  (f)

  a footprint or a similar impression of any part of a person’s body other than a part of his hand;

• “parent or guardian” means in the case of a child or young person in the care of the Department of Health and Social Services for Northern Ireland or a Health and Social Services Board, that Department or Board; and

• “the terrorism provisions” means—

  (a)

  section 12(1) of the [1984 c. 8.] Prevention of Terrorism (Temporary Provisions) Act 1984; and

  (b)

  any provision conferring a power of arrest or detention and contained in an order under section 13 of that Act.

(2) A person is in police detention for the purposes of this Schedule if—

(a) he has been taken to a police station after being arrested for an offence; or

(b) he is arrested at a police station after attending voluntarily at the station or accompanying a constable to it,

and is detained there or is detained elsewhere in the charge of a constable, except that a person who is at a court after being charged is not in police detention for those purposes.