SCHEDULES
SCHEDULE 14Body Samples – Northern Ireland
Other Samples
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.