SCHEDULES
SCHEDULE 8 Detention
Part I Treatment of persons detained under section 41 or Schedule 7
Rights: England, Wales and Northern Ireland
12
1
This paragraph applies where—
a
two or more non-intimate samples suitable for the same means of analysis have been taken from a person under paragraph 10,
b
those samples have proved insufficient, and
c
the person has been released from detention.
2
An intimate sample may be taken from the person if—
a
the appropriate consent is given in writing,
b
a police officer of at least the rank of superintendent authorises the sample to be taken, and
c
subject to paragraph 13(2) and (3), the sample is taken by a constable.
3
Paragraphs 10(6) and (7) and 11 shall apply in relation to the taking of an intimate sample under this paragraph; and a reference to a person detained under section 41 shall be taken as a reference to a person who was detained under section 41 when the non-intimate samples mentioned in sub-paragraph (1)(a) were taken.