Part 1Amendments of Police and Criminal Evidence Act 1984

I110Taking non-intimate samples without consent

1

Section 63 of the 1984 Act (other samples) is amended as follows.

2

After subsection (2) (consent to be given in writing) there is inserted—

2A

A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.

2B

The first is that the person is in police detention in consequence of his arrest for a recordable offence.

2C

The second is that—

a

he has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or

b

he has had such a sample taken but it proved insufficient.

3

In subsection (3)(a) (taking of samples without appropriate consent) the words “is in police detention or” are omitted.

4

In subsection (3A) (taking of samples without appropriate consent after charge) for “(whether or not he falls within subsection (3)(a) above)” there is substituted “ (whether or not he is in police detention or held in custody by the police on the authority of a court) ”.

5

In subsection (8A) (reasons for taking of samples without consent) for “subsection (3A)” there is substituted “ subsection (2A), (3A) ”.