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2(1)A constable may exercise the power under paragraph 1 to take fingerprints or a non-intimate sample from an individual only if at the time when the power is to be exercised—E+W+S+N.I.
(a)in the case of fingerprints, the condition in sub-paragraph (2) is met;
(b)in the case of a sample, the condition in sub-paragraph (3) is met.
(2)The condition in the case of fingerprints is that—
(a)the individual has not had fingerprints taken under paragraph 1 on a previous occasion after the time on which the present TPIM notice came into force, or
(b)fingerprints were so taken on a previous occasion after that time but—
(i)the fingerprints taken do not constitute a complete set of the individual's fingerprints, or
(ii)some or all of the fingerprints taken are not of sufficient quality to allow satisfactory analysis, comparison or matching.
(3)The condition in the case of a non-intimate sample is that—
(a)the individual has not had a sample of the same type and from the same part of the body taken under paragraph 1 on a previous occasion after the time on which the present TPIM notice came into force, or
(b)a sample was so taken on a previous occasion after that time but it proved insufficient.
(4)In this paragraph “the present TPIM notice” means the TPIM notice in force at the time when it is proposed to exercise the power to take the fingerprints or sample.
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