Police and Criminal Evidence Act 1984

62 Intimate samples. E+W

(1) [F1 Subject to section 63B below] An intimate sample may be taken from a person in police detention only—

(a) if a police officer of at least the rank of [F2 inspector] authorises it to be taken; and

(b) if the appropriate consent is given.

[F3 (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 [F2 inspector] authorises it to be taken; and

(b) if the appropriate consent is given.]

(2) An officer may only give an authorisation [F4 under 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 [F5 recordable 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) [F6 or (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.

[F7 (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) [F8 or (7A)] above shall be recorded in his custody record.

[F9 (9) 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.

(9A) 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—

(a) a registered medical practitioner; or

(b) a registered health care professional.]

(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

[F10 (aa) a judge, in deciding whether to grant an application made by the accused under[F11 paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); 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 F12 . . ..

(11) Nothing in this section [F13 applies to the taking of a specimen for the purposes of any of the provisions of][F14 sections 4 to 11 of the Road Traffic Act 1988][F15 or of sections 26 to 38 of the Transport and Works Act 1992] .

[F16 (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.]

Textual Amendments

F1 Words in s. 62 inserted (20.6.2001 for specified purposes and otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 para. 78; S.I. 2001/2232, art. 2(k)(m)(i)

F2 Word in s. 62(1)(a)(1A)(a) substituted (1.4.2003) by 2001 c. 16, ss. 80(1), 138(2); S.I. 2003/708, art. 2(h)

F3 S. 62(1A) inserted (10.4.1995) by 1994 c. 33, s. 54(2); S.I. 1995/721, art. 2, Sch.

F4 Words in s. 62(2) inserted (10.4.1995) by 1994 c. 33, s. 54(3)(a); S.I. 1995/721, art. 2, Sch.

F5 Words in s. 62(2)(a) substituted (10.4.1995) by 1994 c. 33, s. 54(3)(b); S.I. 1995/721, art. 2, Sch.

F6 Words in s. 62(3) inserted (10.4.1995) by 1994 c. 33, s. 54(4); S.I. 1995/721, art. 2, Sch.

F7 S. 62(7A) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 57(a); S.I. 1995/721, art. 2, Sch. Appendix A

F8 Words in s. 62(8) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 57(b); S.I. 1995/721, art. 2, Sch. Appendix A

F9 S. 62(9)(9A) substituted (1.4.2003) for s. 62(9) by Police Reform Act 2002 (c. 30), ss. 54(1), 108(2)-(5); S.I. 2003/808, art. 2(e)

F10 S. 62(10)(aa) inserted (3.2.1995) by 1994 c. 33, s. 168(3), Sch. 9 para. 24; S.I. 1995/127, art. 2(1), Sch. Appendix A

F11 S. 62(10)(aa): words substituted (9.5.2005 for certain purposes and otherwise prosp.) for s. 62(10)(aa)(i)(ii) by Criminal Justice Act 2003 (c. 44), ss. 41, 336, Sch. 3 Pt. 2 para. 56(2)(b); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1 para. 1(1)(l)

F12 Words in s. 62(10) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/721, art. 2, Sch. Appendix B

F13 Words in s. 62(11) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 53(2)(a), 108(2)-(5); S.I. 2003/808, art. 2(d)

F14 Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 27(4)

F15 Words in s. 62(11) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 53(2)(b), 108(2)-(5); S.I. 2003/808, art. 2(d)

F16 S. 62(12) substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 8 (with s. 129(1)); S.I. 2001/421, art. 2

Modifications etc. (not altering text)

C1 S. 62 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2 and 1985/1882, art. 7

S. 62(1)-(11) applied (with modifications) (10.4.1995) by 1989 c. 4, Sch. 5 para. 7(6A)-(6D) (as inserted by 1994 c. 33, s. 168(2), Sch. 10 para. 62(3)); S.I. 1995/721, art. 2, Sch. Appendix A

S. 62(1)-(11) applied (with modifications) (10.4.1995) by 1989 c. 4, s. 15(11)-(14) (as inserted by 1994 c. 33, s. 168(2), Sch. 10 para. 62(2); S.I. 1995/721, art. 2, Sch. Appendix A)

S. 62(1)-(3)(5)-(7)(7A)(9)(10) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.

S. 62(4)(6) applied (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.

C2 S. 62 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(2)(3); s. 62 modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4

C3 S. 62 applied (with modifications) (31.12.2006) by The Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 (S.I. 2006/2015), arts. 2, 3, Schs. 1-3

C4 S. 62(7A)(a) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 3 para. 30; S.I. 2002/2750, art. 2(a)(ii)(d)