Extent Information
E1The provisions of Sch. 10 are co-extensive with the enactments they affect, see s. 172(16)
Valid from 10/04/1995
62(1)The M1Prevention of Terrorism (Temporary Provisions) Act 1989 shall be amended as provided in sub-paragraphs (2) and (3) below.
(2)In section 15 (provisions supplementary to powers to arrest and detain suspected persons), after subsection (10), there shall be inserted the following subsections—
“(11)Section 62(1) to (11) of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall apply to the taking of an intimate sample from a person under subsection (9) above as if—
(a)for subsection (2) there were substituted—
”(2)An officer may only give an authorisation under subsection (1) or (1A) above for the taking of an intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
(a)whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
(b)whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that an intimate sample will tend to confirm or disprove his involvement”; and
(b)in subsection (6), after the word “includes”, there were inserted the words “where relevant”.
(12)In this section, “intimate sample” has the same meaning as in section 65 of the M2Police and Criminal Evidence Act 1984.
(13)Section 63(1) to (9) of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under subsection (9) above as if—
(a)for subsection (4) there were substituted—
“(4)An officer may only give an authorisation under subsection (3) above for the taking of a non-intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
(a)whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which section 14 of the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
(b)whether he is subject to an exclusion order under that Act;
or if the officer has reasonable grounds for suspecting that person’s involvement in an offence under any of the provisions mentioned in subsection (1)(a) of that section and for believing that a non-intimate sample will tend to confirm or disprove his involvement”; and
(b)in subsection (7), after the word “includes” there were inserted the words “where relevant”.
(14)In this section, “non-intimate sample” has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.”.
(3)In Schedule 5, in paragraph 7 (provisions supplementary to powers to detain persons pending examination etc.), after sub-paragraph (6), there shall be inserted the following sub-paragraphs—
“(6A)Section 62(1) to (11) of the Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall apply to the taking of an intimate sample from a person under sub-paragraph (5) above as if—
(a)for subsection (2) there were substituted—
“(2)An officer may only give an authorisation under subsection (1) or (1A) above for the taking of an intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
(a)whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which paragraph 2 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 applies; or
(b)whether he is subject to an exclusion order under that Act; or
(c)whether there are grounds for suspecting that he has committed an offence under section 8 of that Act”; and
(b)in subsection (6), after the word “includes”, there were inserted the words “where relevant”.
(6B)In this paragraph, “intimate sample” has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.
(6C)Section 63 (1) to (9) of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall apply to the taking of a non-intimate sample from a person by a constable under sub-paragraph (5) above as if—
(a)for subsection (4) there were substituted—
“(4)An officer may only give an authorisation under subsection (3) above for the taking of a non-intimate sample if he is satisfied that it is necessary to do so in order to assist in determining—
(a)whether that person is or has been concerned in the commission, preparation or instigation of acts of terrorism to which paragraph 2 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 applies;
(b)whether he is subject to an exclusion order under that Act; or
(c)whether there are grounds for suspecting that he has committed an offence under section 8 of that Act”; and
(b)in subsection (7), after the word “includes”, there were inserted the words “where relevant”.
(6D)In this paragraph, “non-intimate sample” has the same meaning as in section 65 of the Police and Criminal Evidence Act 1984.”.
(4)In consequence of the foregoing amendments—
(a)in section 62 of the M3Police and Criminal Evidence Act 1984 (which regulates the taking of intimate body samples), at the end there shall be inserted the following subsection—
“(12)Nothing in this section, except as provided in section 15(11) and (12) of, and paragraph 7(6A) and (6B) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.”;
(b)in section 63 of the Police and Criminal Evidence Act 1984 (which regulates the taking of non-intimate body samples), at the end there shall be inserted the following subsection—
“(10)Nothing in this section, except as provided in section 15(13) and (14) of, and paragraph 7(6C) and (6D) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.”; and
(c)in section 28(2) of the M4Prevention of Terrorism (Temporary Provisions) Act 1989 (extent), in paragraph (b) (provisions extending only to England and Wales), after the words “section 15(10)” there shall be inserted the words “ to (14) ” and after the words “paragraph 7(6)” there shall be inserted the words “ to (6D) ”.
(5)For the purposes of section 27 of the Prevention of Terrorism (Temporary Provisions) Act 1989 (temporary provisions), the amendments made by this paragraph shall be treated, as from the time when those amendments come into force, as having been continued in force by the order under subsection (6) of that section which has effect at that time.