Paragraph 15

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 2 para. 17(5)(a) words substituted by Police and Criminal Evidence Act 1984 (Armed Forces) 2011 art. 2(3)
Sch. 2 para. 17(5)(a) words substituted by Police and Criminal Evidence Act 1984 (Armed Forces) 2012 art. 2(3)
Sch. 2 para. 5A inserted by Police and Criminal Evidence Act 1984 (Armed Forces) 2013 art. 2(5)(a)
Sch. 2 para. 17(5)(6) substituted for Sch. 2 para. 17(5) by Police and Criminal Evidence Act 1984 (Armed Forces) 2013 art. 2(5)(b)

(1)

Where an authorising service policeman (within the meaning of the 1984 Act) has authorised under section 63(3)(b) of the 1984 Act a non-intimate sample to be taken—

(a)

the reference in article 13(4)(b) to an authorising service policeman authorising the taking of such a sample includes a reference to the authorisation under section 63(3)(b);

(b)

the reference in article 13(9) to an authorisation under article 13(4) includes a reference to an authorisation under section 63(3)(b), unless the service policeman who gave that authorisation has confirmed it in writing under section 63(5) of the 1984 Act; and

(c)

the reference in article 13(11) to an authorisation includes a reference to an authorisation under section 63(3)(b), unless with respect to that authorisation a service policeman complied with section 63(6) and (7) of the 1984 Act.

(2)

The reference in article 13(7) to a person to whom section 169 of the Act applies includes a reference to a person—

(a)

to whom section 116A of the Army Act 1955, section 116A of the Air Force Act 1955 or section 63A of the Naval Discipline Act 1957 applied immediately before commencement; and

(b)

from whom a non-intimate sample has not been taken under section 63(3C) of the 1984 Act.

(3)

For the purposes of article 13(12), a non-intimate sample taken from a person by virtue of section 63(3) of the 1984 Act shall be treated as such a sample taken from a person by virtue of article 13(4), unless with respect to the sample a service policeman has complied with section 63(8) of the 1984 Act.

(4)

Where by virtue of section 63(2A), (3A), (3B) or (3C) a sample was taken from a person without the appropriate consent, article 13(14)(b) shall apply as if it were a sample taken by virtue by virtue of article 13(3), (5), (6) or (7), unless with respect to the sample section 63(8A)(b) has been complied with.

(5)

Where a non-intimate sample was taken before commencement from a person at a service police establishment, article 13(15)(b) shall apply with respect to the sample, unless section 63(8B)(b) has been complied with.