Page:Police and Criminal Evidence Act 1984.pdf/68

62c. 60

(9) Nothing in this section—
 * (a) affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971; or
 * (b) applies to a person arrested or detained under the terrorism provisions.

62.—(1) An intimate sample may be taken from a person in police detention only—
 * (a) if a police officer of at least the rank of superintendent authorises it to be taken; and
 * (b) if the appropriate consent is given.

(2) An officer may only give an authorisation if he has reasonable grounds—
 * (a) for suspecting the involvement of the person from whom the sample is to be taken in a serious arrestable offence; and
 * (b) for believing that the sample will tend to confirm or disprove his involvement.

(3) An officer may give an authorisation under subsection (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(4) The appropriate consent must be given in writing.

(5) Where—
 * (a) an authorisation has been given; and
 * (b) it is proposed that an intimate sample shall be taken in pursuance of the authorisation,

an officer shall inform the person from whom the sample is to be taken—
 * (i) of the giving of the authorisation; and
 * (ii) of the grounds for giving it.

(6) The duty imposed by subsection (5)(ii) above 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.

(7) If an intimate sample is taken from a person—
 * (a) the authorisation by virtue of which it was taken ;
 * (b) the grounds for giving the authorisation; and
 * (c) the fact that the appropriate consent was given,

shall be recorded as soon as is practicable after the sample is taken.

(8) If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (7) above shall be recorded in his custody record.