National Security Act 2023

Taking of intimate and non-intimate samples U.K.

10 (1) This paragraph applies where a person is detained under section 27 in England, Wales or Northern Ireland.

(2) Fingerprints may be taken from the detained person only if they are taken by a constable—

(a) with the appropriate consent given in writing, or

(b) without that consent under sub-paragraph (4).

(3) A non-intimate sample may be taken from the detained person only if it is taken by a constable—

(a) with the appropriate consent given in writing, or

(b) without that consent under sub-paragraph (4).

(4) Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if—

(a) the person is detained at a police station and a police officer of at least the rank of superintendent authorises the fingerprints or sample to be taken (but see sub-paragraphs (6) and (7)), or

(b) the person has been convicted of a recordable offence and, where a non-intimate sample is to be taken, the person was convicted of the offence on or after 10th April 1995 (or 29th July 1996 where the non-intimate sample is to be taken in Northern Ireland).

(5) An intimate sample may be taken from the detained person only if—

(a) the person is detained at a police station,

(b) the appropriate consent is given in writing,

(c) a police officer of at least the rank of superintendent authorises the sample to be taken (but see sub-paragraph (6)), and

(d) subject to paragraph 13(2) and (3), the sample is taken by a constable.

(6) An officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if—

(a) the officer reasonably suspects that the detained person has been involved in foreign power threat activity, and

(b) the officer reasonably believes that the fingerprints or sample will tend to confirm or disprove the person’s involvement.

(7) An officer may also give an authorisation under sub-paragraph (4)(a) for the taking of fingerprints if—

(a) the officer is satisfied that the detained person’s fingerprints will help determine the person’s identity, and

(b) the person has refused to identify themselves or the officer has reasonable grounds for suspecting that the person is not who they claim to be.

(8) In this paragraph references to determining a person’s identity include showing that the detained person is not a particular person.

(9) If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it must confirm it in writing as soon as is reasonably practicable.

Commencement Information

I1 Sch. 6 para. 10 not in force at Royal Assent, see 100(1)

I2 Sch. 6 para. 10 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)