Page:Police and Criminal Evidence Act 1984.pdf/69

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(9) An intimate sample, other than a sample of urine or saliva, may only be taken from a person by a registered medical practitioner.

(10) Where the appropriate consent to the taking of an intimate sample from a person was refused without good cause, in any proceedings against that person for an offence—
 * (a) the court, in determining—
 * (i) whether to commit that person for trial; or
 * (ii) whether there is a case to answer; and
 * (b) the court or jury, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper; and the refusal may, on the basis of such inferences, be treated as, or as capable of amounting to, corroboration of any evidence against the person in relation to which the refusal is material.

(11) Nothing in this section affects sections 5 to 12 of the Road Traffic Act 1972.

63.—(1) Except as provided by this section, a non-intimate sample may not be taken from a person without the appropriate consent.

(2) Consent to the taking of a non-intimate sample must be given in writing.

(3) A non-intimate sample may be taken from a person without the appropriate consent if—
 * (a) he is in police detention or is being held in custody by the police on the authority of a court; and
 * (b) an officer of at least the rank of superintendent authorises it to be taken without the appropriate consent.

(4) An officer may only give an authorisation under subsection (3) above 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.

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

(6) Where—
 * (a) an authorisation has been given; and

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