(1) [Subject to section 63B below,] an intimate sample may be taken from a person in police detention only—
(a) if a police officer of at least the rank of [inspector] authorises it to be taken; and
(b) if the appropriate consent is given.
[(1A) An intimate sample may be taken from a person who is not in police detention but from whom, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient—
(b) if the appropriate consent is given.]
(2) An officer may only give an authorisation [under subsection (1) or (1A) above] if he has reasonable grounds—
(a) for suspecting the involvement of the person from whom the sample is to be taken in a [recordable offence]; and
(b) for believing that the sample will tend to confirm or disprove his involvement.
[(2A) An intimate sample may be taken from a person where—
(a) two or more non-intimate samples suitable for the same means of analysis have been taken from the person under section 63(3E) below (persons convicted of offences outside England and Wales etc) but have proved insufficient;
(b) a police officer of at least the rank of inspector authorises it to be taken; and
(c) the appropriate consent is given.
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