Police and Criminal Evidence Act 1984 (c. 60)

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 [F2 Drug 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 M1 Dentists 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 [F2 Drug Trafficking Act 1994.]]

Textual Amendments

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

F2 Words in s. 65 substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 8

F3 Definition of “intimate sample” in s. 65 substituted (10.4.1995) by 1994 c. 33, s. 58(2); S.I. 1995/721, art. 2,Sch.

F4 Definition of “intimate search” in s. 65 inserted (10.4.1995) by 1994 c. 33, s. 59(1); S.I. 1995/721, art. 2,Sch.

F5 Definition 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.

F6 Definitions 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.

F7 Words substituted by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4, SIF 39:2), s. 25(1), Sch. 8 para. 6(6)

F8 Words inserted by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 32(3)(b)

F9 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; (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

Marginal Citations

M1 1984 c. 24.