- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (05/11/2012)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 28/05/2013
Point in time view as at 05/11/2012. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Police and Criminal Evidence Act 1984, Section 62 is up to date with all changes known to be in force on or before 30 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(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.
[F3(1A)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.
[F6(2A)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) [F7or (1A)] [F8or (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.
[F9(5)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) F10... above shall be recorded in his custody record.
[F11(9)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—
F12(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)whether there is a case to answer; and
F13 [F14( aa )a judge, in deciding whether to grant an application made by the accused under[F15 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,
F16may draw such inferences from the refusal as appear proper . . ..
(11)Nothing in this section [F17applies to the taking of a specimen for the purposes of any of the provisions of][F18sections 4 to 11 of the Road Traffic Act 1988][F19or of sections 26 to 38 of the Transport and Works Act 1992] .
[F20(12)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.]
Textual Amendments
F1Words in s. 62 inserted (20.6.2001 for specified purposes and otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 para. 78; S.I. 2001/2232, art. 2(k)(m)(i)
F2Word in s. 62(1)(a)(1A)(a) substituted (1.4.2003) by 2001 c. 16, ss. 80(1), 138(2); S.I. 2003/708, art. 2(h)
F3S. 62(1A) inserted (10.4.1995) by 1994 c. 33, s. 54(2); S.I. 1995/721, art. 2, Sch.
F4Words in s. 62(2) inserted (10.4.1995) by 1994 c. 33, s. 54(3)(a); S.I. 1995/721, art. 2, Sch.
F5Words in s. 62(2)(a) substituted (10.4.1995) by 1994 c. 33, s. 54(3)(b); S.I. 1995/721, art. 2, Sch.
F6S. 62(2A)(2B) inserted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 3(2), 59(1); S.I. 2011/414, art. 2(b)
F7Words in s. 62(3) inserted (10.4.1995) by 1994 c. 33, s. 54(4); S.I. 1995/721, art. 2, Sch.
F8Words in s. 62(3) inserted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 3(3), 59(1); S.I. 2011/414, art. 2(b)
F9S. 62(5)-(7) substituted for s. 62(5)-(7A) (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 4(4), 59(1); S.I. 2011/414, art. 2(b)
F10Words in s. 62(8) repealed (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 4(5), 59(1); S.I. 2011/414, art. 2(b)
F11S. 62(9)(9A) substituted (1.4.2003) for s. 62(9) by Police Reform Act 2002 (c. 30), ss. 54(1), 108(2)-(5); S.I. 2003/808, art. 2(e)
F12S. 62(10)(a)(i) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 56(2)(a), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3 4)
F13Words in s. 62(10)(aa) substituted for s. 62(10)(aa)(i)(ii) (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 56(2)(b); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3 4)
F14S. 62(10)(aa) inserted (3.2.1995) by 1994 c. 33, s. 168(3), Sch. 9 para. 24; S.I. 1995/127, art. 2(1), Sch. Appendix A
F15S. 62(10)(aa): words substituted (9.5.2005 for certain purposes and otherwise prosp.) for s. 62(10)(aa)(i)(ii) by Criminal Justice Act 2003 (c. 44), ss. 41, 336, Sch. 3 Pt. 2 para. 56(2)(b); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1 para. 1(1)(l)
F16Words in s. 62(10) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/721, art. 2, Sch. Appendix B
F17Words in s. 62(11) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 53(2)(a), 108(2)-(5); S.I. 2003/808, art. 2(d)
F18Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 27(4)
F19Words in s. 62(11) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 53(2)(b), 108(2)-(5); S.I. 2003/808, art. 2(d)
F20S. 62(12) substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 8 (with s. 129(1)); S.I. 2001/421, art. 2
Modifications etc. (not altering text)
C1S. 62 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2 and 1985/1882, art. 7
S. 62(1)-(11) applied (with modifications) (10.4.1995) by 1989 c. 4, Sch. 5 para. 7(6A)-(6D) (as inserted by 1994 c. 33, s. 168(2), Sch. 10 para. 62(3)); S.I. 1995/721, art. 2, Sch. Appendix A
S. 62(1)-(11) applied (with modifications) (10.4.1995) by 1989 c. 4, s. 15(11)-(14) (as inserted by 1994 c. 33, s. 168(2), Sch. 10 para. 62(2); S.I. 1995/721, art. 2, Sch. Appendix A)
S. 62(1)-(3)(5)-(7)(7A)(9)(10) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.
S. 62(4)(6) applied (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.
C2S. 62 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(2)(3); s. 62 modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4
C3S. 62 applied (with modifications) (31.12.2006) by The Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 (S.I. 2006/2015), arts. 2, 3, Schs. 1-3
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys