Section 63: Other samples., Police and Criminal Evidence Act 1984

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

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

A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.

The first is that the person is in police detention in consequence of his arrest for a recordable offence.

The second is that—

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

he has had such a sample taken but it proved insufficient.

A non-intimate sample may be taken from a person without the appropriate consent if—

he . . . is being held in custody by the police on the authority of a court; and

an officer of at least the rank of inspector authorises it to be taken without the appropriate consent.

A non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this subsection) he has been arrested for a recordable offence and released and—

... he has not had a non-intimate sample of the same type and from the same part of the body taken from him in the course of the investigation of the offence by the police; or

... he has had a non-intimate sample taken from him in the course of that investigation but—

it was not suitable for the same means of analysis, or

it proved insufficient., or

subsection (3AA) below applies.

A non-intimate sample may be taken from a person (whether or not he is in police detention or held in custody by the police on the authority of a court) without the appropriate consent if he has been charged with a recordable offence or informed that he will be reported for such an offence and—

he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police; or

he has had a non-intimate sample taken from him in the course of that investigation but—

it was not suitable for the same means of analysis, or

it proved insufficient, or

subsection (3AA) below applies; or

he has had a non-intimate sample taken from him in the course of that investigation and—

the sample has been destroyed pursuant to section 63R below or any other enactment, and

it is disputed, in relation to any proceedings relating to the offence, whether a DNA profile relevant to the proceedings is derived from the sample.

This subsection applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation—

any DNA profile derived from the sample was destroyed pursuant to section 63D(3) below, and

the sample itself was destroyed pursuant to section 63R(4), (5) or (12) below.

Subject to this section, a non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this subsection)—

he has been convicted of a recordable offence, or

he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

either of the conditions mentioned in subsection (3BA) below is met.

The conditions referred to in subsection (3B) above are—

a non-intimate sample has not been taken from the person since he was convicted or cautioned;

such a sample has been taken from him since then but—

it was not suitable for the same means of analysis, or

it proved insufficient.

A non-intimate sample may only be taken as specified in subsection (3B) above with the authorisation of an officer of at least the rank of inspector.

An officer may only give an authorisation under subsection (3BB) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.

A non-intimate sample may also be taken from a person without the appropriate consent if he is a person to whom section 2 of the Criminal Evidence (Amendment) Act 1997 applies (persons detained following acquittal on grounds of insanity or finding of unfitness to plead).

Subject to this section, a non-intimate sample may be taken without the appropriate consent from a person if—

under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not he has been punished for it);

the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted); and

either of the conditions mentioned in subsection (3F) below is met.

The conditions referred to in subsection (3E)(c) above are—

the person has not had a non-intimate sample taken from him on a previous occasion under subsection (3E) above;

he has had such a sample taken from him on a previous occasion under that subsection but—

the sample was not suitable for the same means of analysis, or

it proved insufficient.

A non-intimate sample may only be taken as specified in subsection (3E) above with the authorisation of an officer of at least the rank of inspector.

An officer may only give an authorisation under subsection (3G) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.

An officer may only give an authorisation under subsection (3) above if he has reasonable grounds—

for suspecting the involvement of the person from whom the sample is to be taken in a recordable offence; and

for believing that the sample will tend to confirm or disprove his involvement.

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.

An officer shall not give an authorisation under subsection (3) above for the taking from any person of a non-intimate sample consisting of a skin impression if—

a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the offence; and

the impression previously taken is not one that has proved insufficient.

Where a non-intimate sample is taken from a person without the appropriate consent by virtue of any power conferred by this section—

before the sample is taken, an officer shall inform him of—

the reason for taking the sample;

the power by virtue of which it is taken; and

in a case where the authorisation of an officer is required for the exercise of the power, the fact that the authorisation has been given; and

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

The reason referred to in subsection (6)(a)(i) above must include, except in a case where the non-intimate sample is taken under subsection (3B) or (3E) above, a statement of the nature of the offence in which it is suspected that the person has been involved.

If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent—

before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and

the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.

If a non-intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (6) or (8B) above shall be recorded in his custody record.

The power to take a non-intimate sample from a person without the appropriate consent shall be exercisable by any constable.

Subsection (3B) above shall not apply to

any person convicted before 10th April 1995 unless he is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies (persons imprisoned or detained by virtue of pre-existing conviction for sexual offence etc.). ; or

a person given a caution before 10th April 1995.

Nothing in this section applies to a person arrested or detained under the terrorism provisions or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023.

Nothing in this section applies to a person arrested under an extradition arrest power.

Section 63: Other samples.

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