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8(1)Except as provided by this paragraph, a non-intimate sample may not be taken from a person without the appropriate consent.
(2)Consent to the taking of a non-intimate sample must be given in writing.
(3)A non-intimate sample may be taken from a person without the appropriate consent if—
(a)he is in police detention or is being held in custody by the police on the authority of a court; and
(b)an officer of at least the rank of superintendent authorises it to be taken without the appropriate consent.
(4)An officer may only give an authorisation under sub-paragraph (3) above if he has reasonable grounds—
(a)for suspecting the involvement of the person from whom the sample is to be taken in an offence to which this Schedule applies; and
(b)for believing that the sample will tend to confirm or disprove his involvement.
(5)An officer may give an authorisation under sub-paragraph (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(6)Where—
(a)an authorisation has been given; and
(b)it is proposed that a non-intimate sample shall be taken in pursuance of the authorisation,
an officer shall inform the person from whom the sample is to be taken—
(i)of the giving of the authorisation; and
(ii)of the grounds for giving it.
(7)The duty imposed by sub-paragraph (6)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.
(8)If a non-intimate sample is taken from a person by virtue of sub-paragraph (3) above—
(a)the authorisation by virtue of which it was taken; and
(b)the grounds for giving the authorisation,
shall be recorded in writing as soon as is practicable after the sample is taken.
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