The Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009

Other samples

13.—(1) Except as provided by this article, a non-intimate sample may not be taken from a person without the appropriate consent.

(2) Consent to the taking of a non-intimate sample must be given in writing.

(3) A non-intimate sample may be taken from a person without the appropriate consent if—

(a) the person is in custody at a service police establishment in consequence of his arrest for an applicable service offence; and

(b) either—

(i) 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 a service policeman: or

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

(4) A non-intimate sample may be taken from a person without the appropriate consent if—

(a) he is being held in custody on the order of a judge advocate; and

(b) an authorising service policeman authorises it to be taken without the appropriate consent.

(5) A non-intimate sample may be taken from a person (whether or not he is in custody at a service police establishment after arrest or held in custody during Court Martial proceedings) without the appropriate consent if—

(a) he has been charged with an applicable service 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 a service policeman 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.

(6) A non-intimate sample may be taken from a person without the appropriate consent if he has been convicted of a recordable service offence.

(7) A non-intimate sample may also be taken from a person without the appropriate consent if he is a person to whom section 169 of the Act applies and he has been made the subject of a hospital order.

(8) An authorising service policeman may only give an authorisation under paragraph (4) if he has reasonable grounds—

(a) for suspecting the involvement of the person from whom the sample is to be taken in an applicable service offence; and

(b) for believing that the sample will tend to confirm or disprove his involvement.

(9) An authorising service policeman may give an authorisation under paragraph (4) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(10) An authorising service policeman shall not give an authorisation under paragraph (4) for the taking from any person of a non-intimate sample consisting of a skin impression if—

(a) a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the offence; and

(b) the impression previously taken is not one that has proved insufficient.

(11) Where—

(a) an authorisation has been given, and

(b) it is proposed that a non-intimate sample shall be taken in pursuance of the authorisation,

a service policeman shall inform the person from whom the sample is to be taken of the giving of the authorisation and of the grounds for giving it.

(12) The duty imposed by paragraph (11) to inform a person of the grounds for giving the authorisation includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.

(13) If a non-intimate sample is taken from a person by virtue of paragraph (4)—

(a) the authorisation by virtue of which it was taken; and

(b) the grounds for giving the authorisation,

shall be recorded in writing by a service policeman as soon as is practicable after the sample is taken.

(14) In a case where by virtue of paragraph (3), (5), (6) or (7) 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 in writing by a service policeman as soon as practicable after the sample is taken.

(15) If a non-intimate sample is taken from a person at a service police establishment whether with or without the appropriate consent—

(a) before the sample is taken, a service policeman shall inform him that it may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded in writing by a service policeman as soon as practicable after the sample has been taken.

(16) The power to take a non-intimate sample from a person without the appropriate consent shall be exercisable by any service policeman.

(17) Nothing in this article applies to a person arrested under an extradition arrest power.