Yn ddilys o 10/04/1995
55 Powers of police to take non-intimate body samples.E+W
(1)Section 63 of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall be amended as follows.
(2)After subsection (3), there shall be inserted the following subsections—
“(3A)A non-intimate sample may be taken from a person (whether or not he falls within subsection (3)(a) above) without the appropriate consent if—
(a)he has been charged with a recordable offence or informed that he will be reported for such an offence; and
(b)either he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police or he has had a non-intimate sample taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient.
(3B)A non-intimate sample may be taken from a person without the appropriate consent if he has been convicted of a recordable offence.”.
(3)In subsection (4), in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “ recordable offence ”.
(4)After subsection (8), there shall be inserted the following subsection—
“(8A)In a case where by virtue of subsection (3A) or (3B) a sample is taken from a person without the appropriate consent—
(a)he shall be told the reason before the sample is taken; and
(b)the reason shall be recorded as soon as practicable after the sample is taken.”.
(5)In subsection (9), after the words “subsection (8)” there shall be inserted the words “ or (8A) ”.
(6)After subsection (9) there shall be inserted the following subsection—
“(10)Subsection (3B) above shall not apply to persons convicted before the date on which that subsection comes into force.”.