The following Corporate Crime practice note provides comprehensive and up to date legal information covering:
The police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE 1984).
Non-intimate samples are defined as meaning:
a sample of hair other than pubic hair
a sample taken from a nail or from under a nail
a swab from any part of a person's body other than a part from which a swab taken would be an intimate sample
a sample of saliva, and
a skin impression (other than a fingerprint)
For information on intimate samples, see Practice Note: Intimate samples.
Non-intimate samples cannot generally be taken from a person without their consent. In the case of a person who is under the age of 17 but is at least 14, the consent of their parent or guardian is also required. A person under the age of 14 cannot give consent; the consent of his parent or guardian must be obtained.
Under PACE 1984 non-intimate samples may be taken without consent from those who have been arrested, charged or convicted in the UK, convicted of a serious offence overseas, or held in custody on the authority of the court.
A non-intimate sample can be taken without consent following arrest if:
the person who is in police detention has been arrested for
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
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