Section 55 Powers of police to take non-intimate body samples.

Section 63 of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall be amended as follows.

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.”.

In subsection (4), in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “ recordable offence ”.

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.”.

In subsection (9), after the words “subsection (8)” there shall be inserted the words “ or (8A) ”.

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