63 Other samples
63 Other samples

(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.

[(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 of the offence by the police, or

(b)     he has had such a sample taken but it proved insufficient.]

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

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

(b)     an officer of at least the rank of [inspector] authorises it to be taken without the appropriate consent.

[(3ZA)     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—

(a)     . . . 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

59 . . .
64 . . .