SCHEDULES
F1SCHEDULE 2A Fingerprinting and samples: power to require attendance at police station
Part 3Non-intimate samples
Persons convicted etc of an offence in England and Wales
11
1
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3B).
2
Where the condition in section 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which the person was convicted F2 or cautioned , or
b
if later, the day on which this Schedule comes into force.
3
Where the condition in section 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc ), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which an appropriate officer was informed of the matters specified in section 63(3BA)(b)(i) or (ii), or
b
if later, the day on which this Schedule comes into force.
4
In sub-paragraph (3)(a) above “ appropriate officer ” means an officer of the police force which investigated the offence in question.
5
Sub-paragraphs (2) and (3) above do not apply where—
a
the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction F3 or caution ), or
b
he was convicted before 10th April 1995 and is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies.
Sch. 2A inserted (E.W.) (7.3.2011 except for the insertion of Sch. 2A paras. 4, 12) by Crime and Security Act 2010 (c. 17), ss. 6(2), 59(1); S.I. 2011/414, art. 2(d)