Samples

What type of evidence is samples?

identification evidence

Why may the police take samples?

• to link the suspect to a crime or crime scene for example, assault by biting taking dental

What are the two types of samples?

• no intimate

• intimate

What section in PACE defines intimate and non - intimate samples?

s.65

What is an intimate sample? s.65

• sample of blood, semen or any other tissue fluid, urine or pubic hair

• dental impression

• swab taken from a person’s genitals including pubic hair or from a person’s body orifice other than the mouth

What is a non - intimate sample? s.65

• sample of hair other than pubic hair

• sample taken from a nail or from under a nail

• a swab taken from any part of a person’s body other than a swab considered as intimate sample

• saliva

• skin impression other than a fingerprint

What provision of PACE governs when intimate samples can be taken?

• s.62 PACE

What two things under s.62(1) are required for an intimate sample to be taken from a person in police detention

• authorisation from an officer with at least the rank of an inspector

• appropriate consent given in writing

What are the reasonable grounds for the officer to authorise intimate samples?

• suspect ‘s involvement in a recordable offence AND

• belief that the sample will confirm or disprove their involvement in that offence

Can a person who is is not in police detention have an intimate sample taken? What are the grounds/requirements for an intimate sample to be taken? s.62(1A)

Yes - when two or more of non - intimate samples have been insufficient

Authorisation of officer with rank of at least inspector and appropriate consent (written consent required)

Grounds for officer to authorise the taken of intimate sample must also exist

What should the person be informed of before an intimate sample is taken? - s.62(5)

• the reason for taking the sample

• authorisation has been given and provision of which authorisation has been given

• if the sample was taken at a police station that it may be retained and subject to a speculative search

Why should a suspect consent to an intimate sample being taken and as a solicitor what should you tell your client? Make reference to relevant PACE provision and Code

• Court can draw inferences from their refusal i.e. they have something to hide - s.62(10)

• that it they refuse without good cause it can harm their case if it goes to trial i.e. it can corroborate other evidence - para 6.3 Code D

What provision of PACE governs when non - intimate samples can be taken?

S.63

Is consent required for a non - intimate sample to be taken? S.63 (1-2)

• Yes - need written consent

Can a non - intimate sample be taken without appropriate consent? On what grounds?

• in police detention → 1. arrest for a recordable offence and not had an non - intimate sample of the same type and from same part of body in the course of the investigation or the sample taken was insufficient

• in custody by the police on the authority of a court and authorised by officer of at least the rank of inspector

• charged with a recordable offence or reported summons of recordable offence → not had the intimate sample taken or not suitable means of analysis; insufficient or the sample was destroyed

• convicted of a recordable offence or caution for recordable offence and sample was taken but was not suitable for means of analysis or proved insufficient AND requires authorisation by officer at least rank of inspector who believes taking the sample is necessary to assist in the prevention or detection of a crime

When would the officer refuse to authorise taking a non - intimate sample of a skin impression? s.63(5A)

• same part of the body has already been taking from the person in the investigation

• previous one is NOT insufficient

What should the person be told before the sample is taken?

• the reason for taking the sample

• the power to take the sample

• authorisation has been given from the officer

• sample will be retained and subject to a speculative search

• will be recorded and if detained at a police station this will be in the custody record

• except in case of sub 3B (convicted) or (3E outside England and Wales) it needs to include a statement of the nature of the offence that the suspected person has been involved in

Can reasonable force be used to take an intimate sample without the persons consent? - Make reference to relevant CODE

Yes - reasonable force can be used under para 6.7 Code D

Can samples be taken from juvenilles?

Yes

What does appropriate consent mean in the case of taking samples where the suspect is a juvenile - Code D para 2.12

• Under 14 - written consent from their parent or guardian

• above and to 17 - written consent of the suspect and parent or guardian

What does appropriate consent mean for mentally disordered/vulnerable person?

• their consent is only valid if in the presence of an appropriate adult