SCHEDULES
F1SCHEDULE 2AFingerprinting and samples: power to require attendance at police station
Part 3Non-intimate samples
Persons convicted etc of an offence in England and Wales
11
1
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3B).
2
Where the condition in section 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which the person was convicted, cautioned or warned or reprimanded, or
b
if later, the day on which this Schedule comes into force.
3
Where the condition in section 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which an appropriate officer was informed of the matters specified in section 63(3BA)(b)(i) or (ii), or
b
if later, the day on which this Schedule comes into force.
4
In sub-paragraph (3)(a) above “appropriate officer” means an officer of the police force which investigated the offence in question.
5
Sub-paragraphs (2) and (3) above do not apply where—
a
the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction, caution or warning or reprimand), or
b
he was convicted before 10th April 1995 and is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies.
Sch. 2A inserted (prosp.) by Crime and Security Act 2010 (c. 17), ss. 6(2), 59