Part V E+W Questioning and Treatment of Persons by Police

65 Part V—supplementary. E+W

In this Part of this Act—

• “appropriate consent” means—

(a) in relation to a person who has attained the age of 17 years, the consent of that person;

(b) in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and

(c) in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;

• [F1 “drug trafficking” and “drug trafficking offence” have the same meaning as in the Drug Trafficking Offences Act 1986]

• “fingerprints” includes palm prints;

• “intimate sample” means a sample of blood, semen or any other tissue fluid, urine, saliva or pubic hair, or a swab taken from a person’s body [F2 orifices];

• “non-intimate sample” means—

(a) a sample of hair other than pubic hair;

(b) a sample taken from a nail or from under a nail;

(c) a swab taken from any part of a person’s body other than a body orifice;

(d) a footprint or a similar impression of any part of a person’s body other than a part of his hand;

• [F3 “the terrorism provisions” means section 14(1) of the Prevention of Terrorism (Temporary Provisions) Act 1989 and any provision of Schedule 2 or 5 to that Act conferring a power of arrest or detention; and

• “terrorism” has the meaning assigned to it by section 20(1) of that Act.]

• [F4 . . . F5 References in this part to any person’s proceeds of drug trafficking are to be construed in accordance with the Drug Trafficking Offences Act 1986.]

Textual Amendments

F1 Words inserted by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 32(3)(a)

F2 Word substituted by virtue of Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(1), Sch. 15 para. 100

F3 Words substituted by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4, SIF 39:2), s. 25(1), Sch. 8 para. 6(6)

F4 Words inserted by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 32(3)(b)

F5 Word repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16

Modifications etc. (not altering text)

C1 S. 65 applied with modifications by S.I. 1985/1882, art. 10