(1)[F1Without prejudice to any power exercisable under section 19A of this Act, this] section applies where a person convicted of an offence—
(a)has not, since the conviction, had [F2taken from him, or been required to provide, any relevant physical data or had any impression or sample] taken from him; or
(b)has [F3at any time had—
(i)taken from him or been required (whether under paragraph (a) above or under section 18 [F4, 19A or 19AA] of this Act or otherwise) to provide any relevant physical data; or
(ii)any F5... sample taken from him,
which was not suitable for the means of analysis for which the data were taken or required or the F5... sample was taken] or, though suitable, was insufficient (either in quantity or in quality) to enable information to be obtained by that means of analysis.
(2)Where this section applies, a constable may, within the permitted period—
[F6(a)take from or require the convicted person to provide him with such relevant physical data as he reasonably considers it appropriate to take or, as the case may be, require the provision of]; F7. . .
(b)with the authority of an officer of a rank no lower than inspector, take from the person any sample mentioned in any of paragraphs (a) to [F8(c)] of subsection (6) of section 18 of this Act by the means specified in that paragraph in relation to that sample [F9 and]
[F10(c)take, or direct a police custody and security officer to take, from the person any sample mentioned in subsection (6A) of that section by the means specified in that subsection.]
(3)A constable—
(a)may require the convicted person to attend a police station for the purposes of subsection (2) above;
(b)may, where the convicted person is in legal custody by virtue of section 295 of this Act, exercise the powers conferred by subsection (2) above in relation to the person in the place where he is for the time being.
(4)In subsection (2) above, “the permitted period” means—
(a)in a case to which paragraph (a) of subsection (1) above applies, the period of one month beginning with the date of the conviction;
(b)in a case to which paragraph (b) of that subsection applies, the period of one month beginning with the date on which a constable of the [F11Police Service of Scotland] receives written intimation that [F12the relevant physical data were or] the sample, F13. . .was unsuitable or, as the case may be, insufficient as mentioned in that paragraph.
(5)A requirement under subsection (3)(a) above—
(a)shall give the person at least seven days’ notice of the date on which he is required to attend;
(b)may direct him to attend at a specified time of day or between specified times of day.
(6)Any constable may arrest without warrant a person who fails to comply with a requirement under subsection (3)(a) above.
Textual Amendments
F1Words in s. 19(1) substituted (17.11.1997) by 1997 c. 48, s. 48(1); S.I. 1997/2694, art. 2(2)(b)
F2Words in s. 19(1)(a) substituted (1.8.1997) by 1997 c. 48, s. 47(2)(a)(i); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)
F3Words and s. 19(1)(b)(i)(ii) substituted (1.8.1997) for words in s. 19(1)(b) by 1997 c. 48, s. 47(2)(a)(ii); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)
F4Words in s. 19(1)(b)(i) substituted (1.9.2006) by Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), ss. 77(3), 104; S.S.I. 2006/432, art. 2(d)
F5Words in s. 19(1)(b) repealed (28.3.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), s. 206(1), sch. 7 para. 31; S.S.I. 2011/178, art. 2, sch.
F6S. 19(2)(a) substituted (1.8.1997) by 1997 c. 48, s. 47(2)(b); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)
F7Word in s. 19(2) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. {55(3)(a)}, 89; S.S.I. 2003/288, art. 2, Sch.
F8Word in s. 19(2)(b) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. {55(3)(b)}, 89; S.S.I. 2003/288, art. 2, Sch.
F9S. 19(2)(c) and word added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. {55(3)(c)}, 89; S.S.I. 2003/288, art. 2, Sch.
F10S. 19(2)(c) and word added (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. {55(3)(c)}, 89; S.S.I. 2003/288, art. 2, Sch.
F11Words in s. 19(4)(b) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 12(7); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)
F12Words in s. 19(4)(b) inserted (1.8.1997) by 1997 c. 48, s. 47(2)(c)(i); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)
F13Words in s. 19(4)(b) repealed (1.8.1997) by 1997 c. 48, ss. 47(2)(c)(ii), 62(2), Sch. 3; S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)