Part V Questioning and Treatment of Persons by Police

65 Part V—supplementary.

In this Part of this Act—

“appropriate consent” means—

(a)

in relation to a person who has attained the age of 17 years, the consent of that person;

(b)

in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and

(c)

in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;

F1 “drug trafficking” and “drug trafficking offence” have the same meaning as in the F2Drug Trafficking Act 1994

“fingerprints” includes palm prints;

F3“intimate sample” means—

(a)

a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(b)

a dental impression;

(c)

a swab taken from a person’s body orifice other than the mouth;

F4“intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth;

F5“non-intimate sample” means—

(a)

a sample of hair other than pubic hair;

(b)

a sample taken from a nail or from under a nail;

(c)

a swab taken from any part of a person’s body including the mouth but not any other body orifice;

(d)

saliva;

(e)

a footprint or a similar impression of any part of a person’s body other than a part of his hand;

F6“registered dentist” has the same meaning as in the M1Dentists Act 1984;

F7“registered health care professional” means a person (other than a medical practitioner) who is—

(a)

a registered nurse; or

(b)

a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;

“speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in section 63A(1) above;

“sufficient” and “insufficient”, in relation to a sample, means sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.

F8“the terrorism provisions” means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention; and

F8“terrorism” has the meaning given in section 1 of that Act.

F9 . . . F10 References in this part to any person’s proceeds of drug trafficking are to be construed in accordance with the F11Drug Trafficking Act 1994.

F12(1A)

A health care profession is any profession mentioned in section 60(2) of the Health Act 1999 (c. 8) other than the profession of practising medicine and the profession of nursing.

(1B)

An order under subsection (1) shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.