SCHEDULES
C1C2SCHEDULE 8 Detention
Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2
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.
Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2; (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(i))