(1) Section 63 of the 1984 Act (other samples) is amended as follows.
(2) After subsection (2) (consent to be given in writing) there is inserted—
“(2A) A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.
(2B) The first is that the person is in police detention in consequence of his arrest for a recordable offence.
(2C) The second is that—
(a) 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
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