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Criminal Justice and Public Order Act 1994, Section 55 is up to date with all changes known to be in force on or before 22 December 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.
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(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) ”.
F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 55(6) repealed (19.3.1997) by 1997 c. 17, ss. 1(1), 6(3)
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