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Change 1
As published
55 Powers of police to take non-intimate body samples.
(1) Section 63 of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall be amended as follows.
(2) After subsection (3), there shall be inserted the following subsections—
(3A) A non-intimate sample may be taken from a person (whether or not he falls within subsection (3)(a) above) without the appropriate consent if—
(a) he has been charged with a recordable offence or informed that he will be reported for such an offence; and
(b) either 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 but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient.
(3B) A non-intimate sample may be taken from a person without the appropriate consent if he has been convicted of a recordable offence.
.
(3) In subsection (4), in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “ recordable offence ”.
(4) After subsection (8), there shall be inserted the following subsection—
(8A) In a case where by virtue of subsection (3A) or (3B) a sample is taken from a person without the appropriate consent—
(a) he shall be told the reason before the sample is taken; and
(b) the reason shall be recorded as soon as practicable after the sample is taken.
.
(5) In subsection (9), after the words “subsection (8)” there shall be inserted the words “ or (8A) ”.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your change, as a redline
55 Powers of police to take non-intimate body samples.
(1) Section 63 of the Police and Criminal Evidence Act 1984 (regulation of taking of non-intimate samples) shall be amended as follows.
(2) After subsection (3), there shall be inserted the following subsections—
(3A) A non-intimate sample may be taken from a person (whether or not he falls within subsection (3)(a) above) without the appropriate consent if—
(a) he has been charged with a recordable offence or informed that he will be reported for such an offence; and
(b) either 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 but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient.
(3B) A non-intimate sample may be taken from a person without the appropriate consent if he has been convicted of a recordable offence.
.
(3) In subsection (4), in paragraph (a), for the words “serious arrestable offence” there shall be substituted the words “ recordable offence ”.
(4) After subsection (8), there shall be inserted the following subsection—
(8A) In a case where by virtue of subsection (3A) or (3B) a sample is taken from a person without the appropriate consent—
(a) he shall be told the reason before the sample is taken; and
(b) the reason shall be recorded as soon as practicable after the sample is taken.
.
(5) In subsection (9), after the words “subsection (8)” there shall be inserted the words “ or (8A) ”.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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