(1)Section 63 of the 1984 Act (other samples) is amended as follows.
(2)After subsection (2) (consent to be given in writing) there is inserted—
“(2A)A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.
(2B)The first is that the person is in police detention in consequence of his arrest for a recordable offence.
(2C)The second is that—
(a)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 the police, or
(b)he has had such a sample taken but it proved insufficient.”
(3)In subsection (3)(a) (taking of samples without appropriate consent) the words “is in police detention or” are omitted.
(4)In subsection (3A) (taking of samples without appropriate consent after charge) for “(whether or not he falls within subsection (3)(a) above)” there is substituted “ (whether or not he is in police detention or held in custody by the police on the authority of a court) ”.
(5)In subsection (8A) (reasons for taking of samples without consent) for “subsection (3A)” there is substituted “ subsection (2A), (3A) ”.
Commencement Information
I1S. 10 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))