Part IV Police Powers
Powers of police to take body samples
55 Powers of police to take non-intimate body samples.
1
Section 63 of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall be amended as follows.
2
After subsection (3), there shall be inserted the following subsections—
3A
A non-intimate sample may be taken from a person (whether or not he falls within subsection (3)(a) above) 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.
3
In subsection (4), in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “
recordable offence
”
.
4
After subsection (8), there shall be inserted the following subsection—
8A
In a case where by virtue of subsection (3A) or (3B) 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.
5
In subsection (9), after the words “subsection (8)” there shall be inserted the words “
or (8A)
”
.
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