Part 8

Evidential, jurisdictional and procedural matters

Evidential matters

Taking samples by swabbing
55
1
The 1995 Act is amended as follows.
2
In section 18 (prints, samples etc. in criminal investigations)—
a
in subsection (6), paragraph (d) is repealed; and
b
after that subsection there is inserted—
6A
A constable, or at a constable’s direction a police custody and security officer, may take from the inside of the person’s mouth, by means of swabbing, a sample of saliva or other material.
.
3
In each of sections 19(2) (prints, samples etc. in criminal investigations: supplementary provisions) and 19A(2) (samples etc. from persons convicted of sexual and violent offences)—
a
the word “and” which immediately follows paragraph (a) is repealed;
b
in paragraph (b), for the word “(d)” there is substituted “(c)”; and
c
after that paragraph there is added the word “and” and the following paragraph—
c
take, or direct a police custody and security officer to take, from the person any sample mentioned in subsection (6A) of that section by the means specified in that subsection.
.
4
In section 19B (power of constable in obtaining relevant physical data etc.), the existing provisions become subsection (1); and after that subsection there is added—
2
A constable may, with the authority of an officer of a rank no lower than inspector, use reasonable force in (himself) exercising any power conferred by section 18(6A), 19(2)(c) or 19A(2)(c) of this Act.
.