C4 Part V Questioning and Treatment of Persons by Police

Annotations:
Modifications etc. (not altering text)

C1C2C362 Intimate samples.

1

F1Subject to section 63B below An intimate sample may be taken from a person in police detention only—

a

if a police officer of at least the rank of F2inspector authorises it to be taken; and

b

if the appropriate consent is given.

F31A

An intimate sample may be taken from a person who is not in police detention but from whom, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient—

a

if a police officer of at least the rank of F2inspector authorises it to be taken; and

b

if the appropriate consent is given.

2

An officer may only give an authorisation F4under subsection (1) or (1A) above if he has reasonable grounds—

a

for suspecting the involvement of the person from whom the sample is to be taken in a F5recordable offence; and

b

for believing that the sample will tend to confirm or disprove his involvement.

F152A

An intimate sample may be taken from a person where—

a

two or more non-intimate samples suitable for the same means of analysis have been taken from the person under section 63(3E) below (persons convicted of offences outside England and Wales etc ) but have proved insufficient;

b

a police officer of at least the rank of inspector authorises it to be taken; and

c

the appropriate consent is given.

2B

An officer may only give an authorisation under subsection (2A) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.

3

An officer may give an authorisation under subsection (1) F6or (1A)F16or (2A) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

4

The appropriate consent must be given in writing.

F175

Before an intimate sample is taken from a person, an officer shall inform him of the following—

a

the reason for taking the sample;

b

the fact that authorisation has been given and the provision of this section under which it has been given; and

c

if the sample was taken at a police station, the fact that the sample may be the subject of a speculative search.

6

The reason referred to in subsection (5)(a) above must include, except in a case where the sample is taken under subsection (2A) above, a statement of the nature of the offence in which it is suspected that the person has been involved.

7

After an intimate sample has been taken from a person, the following shall be recorded as soon as practicable—

a

the matters referred to in subsection (5)(a) and (b) above;

b

if the sample was taken at a police station, the fact that the person has been informed as specified in subsection (5)(c) above; and

c

the fact that the appropriate consent was given.

8

If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (7) F18... above shall be recorded in his custody record.

F79

In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.

9A

In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—

a

a registered medical practitioner; or

b

a registered health care professional.

10

Where the appropriate consent to the taking of an intimate sample from person was refused without good cause, in any proceedings against that person for an offence—

a

the court, in determining—

F19i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii

whether there is a case to answer; and

F20F8 aa

a judge, in deciding whether to grant an application made by the accused underF9 paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and

b

the court or jury, in determining whether that person is guilty of the offence charged,

F10may draw such inferences from the refusal as appear proper . . ..

11

Nothing in this section F11applies to the taking of a specimen for the purposes of any of the provisions ofF12sections 4 to 11 of the Road Traffic Act 1988F13or of sections 26 to 38 of the Transport and Works Act 1992 .

F1412

Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.