Police and Criminal Evidence Act 1984

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 [F2Drug Trafficking Act 1994]]

  • “fingerprints” includes palm prints;

  • [F3“intimate sample” means—

(a)a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(b)a dental impression;

(c)a swab taken from a person’s body orifice other than the mouth;]

  • [F4“intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth;]

  • [F5“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 including the mouth but not any other body orifice;

(d)saliva;

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

  • [F6“registered dentist” has the same meaning as in the M1Dentists Act 1984;

  • “speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in section 63A(1) above;

  • “sufficient” and “insufficient”, in relation to a sample, means sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.]

  • [F7 “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.]

  • [F8 . . . F9 References in this part to any person’s proceeds of drug trafficking are to be construed in accordance with the [F2Drug Trafficking Act 1994.]]

Textual Amendments

F2Words in s. 65 substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 8

F3Definition of “intimate sample” in s. 65 substituted (10.4.1995) by 1994 c. 33, s. 58(2); S.I. 1995/721, art. 2,Sch.

F4Definition of “intimate search” in s. 65 inserted (10.4.1995) by 1994 c. 33, s. 59(1); S.I. 1995/721, art. 2,Sch.

F5Definition of “non-intimate sample” in s. 65 substituted (10.4.1995) by 1994 c. 33, s. 58(3); S.I. 1995/721, art. 2,Sch.

F6Definitions of “registered dentist”, “speculative search” and “sufficient” and “insufficient” in s. 65 inserted (10.4.1995) by 1994 c. 33, s. 58(4); S.I. 1995/721, art. 2,Sch.

Modifications etc. (not altering text)

C1S. 65 applied with modifications: by S.I. 1985/1882, art. 10; (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

Marginal Citations