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Police and Criminal Evidence Act 1984, Section 65 is up to date with all changes known to be in force on or before 20 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1(1)] In this Part of this Act—
[F2“analysis”, in relation to a skin impression, includes comparison and matching;]
“appropriate consent” means—
in relation to a person who has attained the age of 17 years, the consent of that person;
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
in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;
[F3 “drug trafficking” and “drug trafficking offence” have the same meaning as in the [F4Drug Trafficking Act 1994]]
[F5“fingerprints”, in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of—
any of that person’s fingers; or
either of his palms;]
[F6“intimate sample” means—
a sample of blood, semen or any other tissue fluid, urine or pubic hair;
a dental impression;
a swab taken from a person’s body orifice other than the mouth;]
[F7“intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth;]
[F8“non-intimate sample” means—
a sample of hair other than pubic hair;
a sample taken from a nail or from under a nail;
a swab taken from any part of a person’s body including the mouth but not any other body orifice;
saliva;
[F9a skin impression;]]
[F10“registered dentist” has the same meaning as in the M1Dentists Act 1984;
[F11“registered health care professional” means a person (other than a medical practitioner) who is—
a registered nurse; or
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;]
[F12“skin impression”, in relation to any person, means any record (other than a fingerprint) which is a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of the whole or any part of his foot or of any other part of his body;]
“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 [F13(subject to subsection (2) below)]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.]
[F14“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
“terrorism” has the meaning given in section 1 of that Act.]
[F15 . . . F16 References in this part to any person’s proceeds of drug trafficking are to be construed in accordance with the [F17Drug Trafficking Act 1994.]]
[F18(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.]
[F19(2)References in this Part of this Act to a sample’s proving insufficient include references to where, as a consequence of—
(a)the loss, destruction or contamination of the whole or any part of the sample,
(b)any damage to the whole or a part of the sample, or
(c)the use of the whole or a part of the sample for an analysis which produced no results or which produced results some or all of which must be regarded, in the circumstances, as unreliable,
the sample has become unavailable or insufficient for the purpose of enabling information, or information of a particular description, to be obtained by means of analysis of the sample.]
Textual Amendments
F1S. 65 renumbered as s. 65(1) (1.1.2003) by Criminal Justice and Police Act 2001 (c. 16), ss. 80(5), 138(2); S.I. 2002/3032, art. 2(b)
F2Words in s. 65(1) inserted (1.1.2003) by 2001 c. 16, s. 80(5)(a); S.I. 2002/3032, art. 2(b)
F3Words inserted by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 32(3)(a)
F4Words in s. 65 substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 8
F5S. 65(1): definition of "fingerprints" substituted (1.1.2003) by 2001 c. 16, s. 78(8): S.I. 2002/3032, art. 2(a)
F6Definition of “intimate sample” in s. 65 substituted (10.4.1995) by 1994 c. 33, s. 58(2); S.I. 1995/721, art. 2, Sch.
F7Definition of “intimate search” in s. 65 inserted (10.4.1995) by 1994 c. 33, s. 59(1); S.I. 1995/721, art. 2, Sch.
F8Definition of “non-intimate sample” substituted (10.4.1995) by 1994 c. 33, s. 58(3); S.I. 1995/721, art. 2, Sch.
F9S. 65(1): words in the definition of "non-intimate sample" substituted (1.1.2003) by 2001 c. 16, s. 80(5)(b); S.I. 2002/3032, art. 2(b)
F10Definitions of “registered dentist”, “speculative search” and “sufficient” and “insufficient” in s. 65 inserted (10.4.1995) by 1994 c. 33, s. 58(4); S.I. 1995/721, art. 2, Sch.
F11Definition of "registered health care professional" in s. 65 inserted (1.10.2002 for specified purposes otherwise prosp.) by Police Reform Act 2002 (c. 30), ss. {54(2)}, 108(2)-(5); S.I. 2002/2306, art. 4(d)
F12S. 65(1): definition of "skin impression" inserted (1.1.2003) by 2001 c. 16, s. 80(5)(c); S.I. 2002/3032, art. 2(b)
F13S. 65(1): words in definition of "sufficient" and "insufficient" inserted (1.1.2003) by 2001 c. 16, s. 80(5)(d); S.I. 2002/3032, art. 2(b)
F14Definitions of “ the terrorism provisions” and “ terrorism” in s. 65 substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 5(10) (with s 129(1)); S.I. 2001/421, art. 2
F15Words inserted by Drug Trafficking Offences Act 1986 (c. 32, SIF 39:1), s. 32(3)(b)
F16Word repealed by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 170(2), Sch. 16
F17Words in s. 65 substituted (3.2.1995) by 1994 c. 37, ss. 65(1), 69(2), Sch. 1 para. 8
F18S. 65(1A)(1B) inserted (1.10.2002 for specified purposes otherwise prosp.) by Police Reform Act 2002 (c. 30), ss. 54(3), 108(2)-(5); S.I. 2002/2306, art. 4(d)
F19S. 65(2) inserted (1.1.2003) by 2001 c. 16, s. 80(6); S.I. 2002/3032, art. 2(b)
Modifications etc. (not altering text)
C1S. 65 applied with modifications: by S.I. 1985/1882, art. 10; (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.
S. 65 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
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