Police and Criminal Evidence Act 1984

63 Other samples. E+W

(1) Except as provided by this section, a non-intimate sample may not be taken from a person without the appropriate consent.

(2) Consent to the taking of a non-intimate sample must be given in writing.

[F1 (2A) A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.

(2B) The first is that the person is in police detention in consequence of his arrest for a recordable offence.

(2C) The second is that—

(a) he has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or

(b) he has had such a sample taken but it proved insufficient.]

(3) A non-intimate sample may be taken from a person without the appropriate consent if—

(a) he F2 . . . is being held in custody by the police on the authority of a court; and

(b) an officer of at least the rank of [F3 inspector] authorises it to be taken without the appropriate consent.

[F4 (3A) A non-intimate sample may be taken from a person [F5 (whether or not he is in police detention or held in custody by the police on the authority of a court)] without the appropriate consent if—

(a) he has been charged with a recordable offence or informed that he will be reported for such an offence; and

(b) either he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police or he has had a non-intimate sample taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient.

(3B) A non-intimate sample may be taken from a person without the appropriate consent if he has been convicted of a recordable offence.]

[F6 (3C) A non-intimate sample may also be taken from a person without the appropriate consent if he is a person to whom section 2 of the Criminal Evidence (Amendment) Act 1997 applies (persons detained following acquittal on grounds of insanity or finding of unfitness to plead).]

(4) An officer may only give an authorisation under subsection (3) above if he has reasonable grounds—

(a) for suspecting the involvement of the person from whom the sample is to be taken in a [F7 recordable offence]; and

(b) for believing that the sample will tend to confirm or disprove his involvement.

(5) An officer may give an authorisation under subsection (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

[F8 (5A) An officer shall not give an authorisation under subsection (3) above for the taking from any person of a non-intimate sample consisting of a skin impression if—

(a) a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the offence; and

(b) the impression previously taken is not one that has proved insufficient.]

(6) Where—

(a) an authorisation has been given; and

(b) it is proposed that a non-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.

(7) The duty imposed by subsection 6(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.

(8) If a non-intimate sample is taken from a person by virtue of subsection (3) above—

(a) the authorisation by virtue of which it was taken; and

(b) the grounds for giving the authorisation,

shall be recorded as soon as is practicable after the sample is taken.

[F9 (8A) In a case where by virtue of [F10 subsection (2A), (3A)][F11 , (3B) or (3C) above] a sample is taken from a person without the appropriate consent—

(a) he shall be told the reason before the sample is taken; and

(b) the reason shall be recorded as soon as practicable after the sample is taken.]

[F12 (8B) If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent—

(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.]

(9) If a non-intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (8) [F13 or (8A)][F14 or (8B)] above shall be recorded in his custody record.

[F15 (9ZA) The power to take a non-intimate sample from a person without the appropriate consent shall be exercisable by any constable.]

[F16 [F17 (9A) Subsection (3B) above shall not apply to any person convicted before 10th April 1995 unless he is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies (persons imprisoned or detained by virtue of pre-existing conviction for sexual offence etc.).]]

[F18 (10) Nothing in this section applies to a person arrested or detained under the terrorism provisions.]

[F19 (11) Nothing in this section applies to a person arrested under an extradition arrest power.]

Textual Amendments

F1 S. 63(2A)-(2C) inserted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 10(2), 336; S.I. 2004/829, art. 2(1)(2)(a) (subject to art. 2(3)-(6))

F2 Words in s. 63(3)(a) repealed (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 10(3), 332, 336, Sch. 37 Pt. 1; S.I. 2004/829, art. 2(1)(2)(a)(l)(i) (subject to art. 2(3)-(6))

F3 Word in s. 63(3)(b) substituted (1.4.2003) by 2001 c. 16, ss. 80(1), 138(2); S.I. 2003/708, art. 2(h)

F4 S. 63(3A)(3B) inserted (10.4.1995) by 1994 c. 33, s. 55(2); S.I. 1995/721, art. 2, Sch.

F5 Words in s. 63(3A) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 10(4), 336; S.I. 2004/829, art. 2(1)(2)(a) (subject to art. 2(3)-(6))

F6 S. 63(3C) inserted (19.3.1997) by 1997 c. 17, s. 2(1)(2)(a)(3)-(7)

F7 Words in s. 63(4)(a) substituted (10.4.1995) by 1994 c. 33, s. 55(3); S.I. 1995/721, art. 2, Sch.

F8 S. 63(5A) inserted (1.1.2003) by 2001 c. 16, s. 80(3); S.I. 2002/3032, art. 2(b)

F9 S. 63(8A) inserted (10.4.1995) by 1994 c. 33, s. 55(4); S.I. 1995/721, art. 2, Sch.

F10 Words in s. 63(8A) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 10(5), 336; S.I. 2004/829, art. 2(1)(2)(a) (subject to art. 2(3)-(6))

F11 Words in s. 63(8A) substituted (19.3.1997) by 1997 c. 17, s. 2(1)(2)(b)(3)-(7)

F12 S. 63(8B) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 58(a); S.I. 1995/721, art. 2, Sch. Appendix A

F13 Words in s. 63(9) inserted (10.4.1995) by 1994 c. 33, s. 55(5); S.I. 1995/721, art. 2, Sch.

F14 Words in s. 63(9) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 58(b); S.I. 1995/721, art. 2, Sch. Appendix A

F15 S. 63(9ZA) inserted (2.12.2002) by Police Reform Act 2002 (c. 30), s. 107, Sch. 7 para. 9(4); S.I. 2002/2750, art. 2(b)(ii)

F16 S. 63(10) beginning "Subsection (3B) above" inserted (10.4.1995) by 1994 c. 33, s. 55(6); S.I. 1995/721, art. 2, Sch.

F17 S. 63(9A) substituted for the subsection (10) inserted in s. 63 by 1994 c. 33, s. 55(6) (19.3.1997) by 1997 c. 17, s. 1(1)(a)(2)(3)(6)

F18 S. 63(10) substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 5(9) (with s. 129(1));S.I. 2001/421, art. 2

F19 S. 63(11) inserted (1.1.2004) by Extradition Act 2003 (c. 41), ss. 169(4), 221; S.I. 2003/3103, art. 2 (subject to savings in Order (as amended by S.I. 2003/3312, art. 2(2) and S.I. 2003/3258, art. 2(2)))

Modifications etc. (not altering text)

C1 S. 63 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2 and 1985/1882, art. 8

S. 63(1)-(9) 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. 63(1)-(9) 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. 63(1)(2)(7) applied (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.

S. 63(3)-(6)(8)-(8B) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.

C2 S. 63 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(2)(3); s. 63 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. 63 extended (2.12.2002) Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 3 para. 31(a); S.I. 2002/2750, art. 2(a)(ii)(d)

C4 S. 63 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

C5 S. 63(3B) modified (19.3.1997) by 1997 c. 17, s. 1(1)(3)-(6)

C6 S. 63(6) modified (2.12.2002) Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 3 para. 31(b); S.I. 2002/2750, art. 2(a)(ii)(d)

C7 S. 63(8B)(a) modified (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 3 para. 31(c); S.I. 2002/2750, art. 2(a)(ii)(d)