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 [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;

• [F7 “registered health care professional” means a person (other than a medical practitioner) who is—

  (a)

  a registered nurse; or

  (b)

  a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;]

• “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.]

• [F8 “the terrorism provisions” means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention; and

• F8 “terrorism” has the meaning given in section 1 of that Act.]

• [F9 . . . F10 References in this part to any person’s proceeds of drug trafficking are to be construed in accordance with the [F11 Drug Trafficking Act 1994.]]

[F12 (1A) A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.

(1B) An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

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 S. 65: definition of "registered health care professional" in "subsection (1)" of s. 65 inserted (1.10.2002 for specified purposes otherwise prosp.) by virtue of Police Reform Act 2002 (c. 30), ss. 54(2), 108(2)-(5); S.I. 2002/2306, art. 4(d)

F8 Definitions of “the terrorism provisions” and “terrorism” in s. 65 substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 5(10) (with s. 129(1)); S.I. 2001/421, art. 2

F9 Words inserted by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 32(3)(b)

F10 Word repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16

F11 Words in s. 65 substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 8

F12 After "subsection (1)" s. 65(1A)(1B) inserted (1.10.2002 for specified purposes otherwise 1.4.2003) by virtue of Police Reform Act 2002 (c. 30), ss. 54(3), 108(2)-(5); S.I. 2002/2306, art. 4(d)

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.