PART VIQUESTIONING AND TREATMENT OF PERSONS BY POLICE
Intimate samples62
C1C21
An intimate sample may be taken from a person in police detention only—
a
if a police officer of at least the rank of F1inspector authorises it to be taken; and
b
if the appropriate consent is given.
F2C1C21A
An intimate sample may be taken from a person who is not in police detention but from whom, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient—
a
if a police officer of at least the rank of F3inspector authorises it to be taken; and
b
if the appropriate consent is given.
C1C22
An officer may only give an authorisationF2 under paragraph (1) or (1A) if he has reasonable grounds—
a
for suspecting the involvement of the person from whom the sample is to be taken in aF2 recordable offence; and
b
for believing that the sample will tend to confirm or disprove his involvement.
C1C23
An officer may give an authorisation under paragraph (1)F2 or (1A) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
C1C25
Where—
a
an authorisation has been given; and
b
it is proposed that an intimate sample shall be taken in pursuance of the authorisation,
an officer shall inform the person from whom the sample is to be taken—
i
of the giving of the authorisation; and
ii
of the grounds for giving it.
C1C26
The duty imposed by paragraph (5)(ii) includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.
C1C27
If an intimate sample is taken from a person—
a
the authorisation by virtue of which it was taken;
b
the grounds for giving the authorisation; and
c
the fact that the appropriate consent was given,
shall be recorded as soon as is practicable after the sample is taken.
F2C1C27A
If an intimate sample is taken from a person at a police station—
a
before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and
b
the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.
C1C28
If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by paragraph (7)F2 or (7A) shall be recorded in his custody record.
F4C1C29
In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.
C29A
In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by one of the following—
a
a medical practitioner;
b
a registered health care professional.
10
Where the appropriate consent to the taking of an intimate sample from a person was refused without good cause, in any proceedings against that person for an offence—
a
the court, in determining—
i
whether to commit that person for trial; or
ii
whether there is a case to answer; and
F5aa
a judge, in deciding whether to grant an application made by the accused under paragraph 4 of Schedule 1 to the Children's Evidence (Northern Ireland) Order 1995 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under Article 4 of that Order); and
b
the court or jury, in determining whether that person is guilty of the offence charged,
may draw such inferences from the refusal as appear proper; and the refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence against the person in relation to which the refusal is material.
F611
Nothing in this Article affects Articles 13 to 21 of the Road Traffic (Northern Ireland) Order 1995F7 or Articles 18 and 19 of the Road Traffic Offenders (Northern Ireland) Order 1996.
F812
Nothing in this Aricle applies to a person arrested or detained under the terrorism provisions; and paragraph (1A) shall not apply where the non‐intimate samples mentioned in that paragraph were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.