Criminal Justice and Public Order Act 1994

54 Powers of police to take intimate body samples. E+W

(1) Section 62 of the M1 Police and Criminal Evidence Act 1984 (regulation of taking of intimate samples) shall be amended as follows.

(2) After subsection (1) there shall be inserted the following subsection—

“(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 superintendent authorises it to be taken; and

(b) if the appropriate consent is given.”.

(3) In subsection (2)—

(a) after the word “authorisation” there shall be inserted the words “ under subsection (1) or (1A) above ”; and

(b) in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “ recordable offence ”.

(4) In subsection (3), after the words “subsection (1)” there shall be inserted the words “ or (1A) ”.

(5) In subsection (9)—

(a) for the words “or saliva” there shall be substituted the words “ or a dental impression ”; and

(b) at the end there shall be inserted the words “ and a dental impression may only be taken by a registered dentist ”.

Marginal Citations

M1 1984 c. 60.