OpenLegislation

Paragraph 11 Taking of intimate and non-intimate samplesI1I2

United Kingdom

(1)

Before fingerprints or a sample are taken from a detained person under paragraph 10, the person must be informed—

(a)

that the fingerprints or sample may be used for the purposes of—

(i)

a relevant search (within the meaning given by paragraph 19(6)),

(ii)

section 63A(1) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), or

(iii)

Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (checking of fingerprints and samples), and

(b)

where the fingerprints or sample are to be taken under paragraph 10(2)(a), (3)(a) or (4)(b), of the reason for taking the fingerprints or sample.

(2)

Before fingerprints or a sample are taken from a person on an authorisation given under paragraph 10(4)(a) or (5)(c), the person must be informed—

(a)

that the authorisation has been given,

(b)

of the grounds upon which it has been given, and

(c)

where relevant, of the nature of the offence in which the person is suspected of having been involved.

(3)

After fingerprints or a sample are taken under paragraph 10, any of the following which apply must be recorded as soon as reasonably practicable—

(a)

the fact that the person has been informed in accordance with sub-paragraphs (1) and (2),

(b)

the reason referred to in sub-paragraph (1)(b),

(c)

the authorisation given under paragraph 10(4)(a) or (5)(c),

(d)

the grounds on which that authorisation has been given, and

(e)

the fact that the appropriate consent has been given.

Annotations

Commencement

I1

Sch. 6 para. 11 not in force at Royal Assent, see 100(1)

I2

Sch. 6 para. 11 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)