Schedules
Schedule 6Detention under section 27
Part 2Rights of persons detained under section 27: England, Wales and Northern Ireland
I1I210Taking of intimate and non-intimate samples
1
This paragraph applies where a person is detained under section 27 in England, Wales or Northern Ireland.
2
Fingerprints may be taken from the detained person only if they are taken by a constable—
a
with the appropriate consent given in writing, or
b
without that consent under sub-paragraph (4).
3
A non-intimate sample may be taken from the detained person only if it is taken by a constable—
a
with the appropriate consent given in writing, or
b
without that consent under sub-paragraph (4).
4
Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if—
a
the person is detained at a police station and a police officer of at least the rank of superintendent authorises the fingerprints or sample to be taken (but see sub-paragraphs (6) and (7)), or
b
the person has been convicted of a recordable offence and, where a non-intimate sample is to be taken, the person was convicted of the offence on or after 10th April 1995 (or 29th July 1996 where the non-intimate sample is to be taken in Northern Ireland).
5
An intimate sample may be taken from the detained person only if—
a
the person is detained at a police station,
b
the appropriate consent is given in writing,
c
a police officer of at least the rank of superintendent authorises the sample to be taken (but see sub-paragraph (6)), and
d
subject to paragraph 13(2) and (3), the sample is taken by a constable.
6
An officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if—
a
the officer reasonably suspects that the detained person has been involved in foreign power threat activity, and
b
the officer reasonably believes that the fingerprints or sample will tend to confirm or disprove the person’s involvement.
7
An officer may also give an authorisation under sub-paragraph (4)(a) for the taking of fingerprints if—
a
the officer is satisfied that the detained person’s fingerprints will help determine the person’s identity, and
b
the person has refused to identify themselves or the officer has reasonable grounds for suspecting that the person is not who they claim to be.
8
In this paragraph references to determining a person’s identity include showing that the detained person is not a particular person.
9
If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it must confirm it in writing as soon as is reasonably practicable.