Part V Questioning and Treatment of Persons by Police
62 Intimate samples.
(1)
An intimate sample may be taken from a person in police detention only—
(a)
if a police officer of at least the rank of superintendent authorises it to be taken; and
(b)
if the appropriate consent is given.
F1(1A)
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 superintendent authorises it to be taken; and
(b)
if the appropriate consent is given.
(2)
An officer may only give an authorisation F2under subsection (1) or (1A) above if he has reasonable grounds—
(a)
for suspecting the involvement of the person from whom the sample is to be taken in a F3recordable offence; and
(b)
for believing that the sample will tend to confirm or disprove his involvement.
(3)
An officer may give an authorisation under subsection (1) F4or (1A) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(4)
The appropriate consent must be given in writing.
(5)
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.
(6)
The duty imposed by subsection (5)(ii) above 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.
(7)
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.
F5(7A)
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.
(8)
If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (7) F6or (7A) above shall be recorded in his custody record.
(9)
(10)
Where the appropriate consent to the taking of an intimate sample from 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
F9(aa)
a judge, in deciding whether to grant an application made by the accused under—
(i)
section 6 of the Criminal Justice Act 1987 (application for dismissal of charge of serious fraud in respect of which notice of transfer has been given under section 4 of that Act); or
(ii)
paragraph 5 of Schedule 6 to the Criminal Justice Act 1991 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under section 53 of that Act); 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 F10. . ..
(11)
Nothing in this section affects F11sections 4 to 11 of the Road Traffic Act 1988.
F12(12)
Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.