§ 7.—(1) An intimate sample may be taken from a person in police detention only—
- (a) if a police officer of at least the rank of superintendent authorises it to be taken; and
- (b) if the appropriate consent is given.
§ (2) An officer may only give an authorisation if he has reasonable grounds—
- (a) for suspecting the involvement of the person from whom the sample is to be taken in an offence to which this Schedule applies; and
- (b) for believing that the sample will tend to confirm or disprove his involvement.
§ (3) An officer may give an authorisation under sub-paragraph (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
§ (4) The appropriate consent must be given in writing.
§ (5) Where—
- (a) an authorisation has been given; and
- (b) it is proposed that an intimate sample shall be taken in pursuance of the authorisation,
- (i) of the giving of the authorisation; and
- (ii) of the grounds for giving it.
§ (6) The duty imposed by sub-paragraph (5)(ii) above includes a duty to state the nature of the offence in which it is suspected that the person from whom the sample is to be taken has been involved.
§ (7) If an intimate sample is taken from a person—
- (a) the authorisation by virtue of which it was taken;
- (b) the grounds for giving the authorisation; and
- (c) the fact that the appropriate consent was given,
§ (8) An intimate sample, other than a sample of urine, may only be taken from a person by a registered medical practitioner.
§ (9) Where the appropriate consent to the taking of an intimate sample from a person was refused without good cause, in any proceedings against that person for an offence—
- (a) the court, in determining—
- (i) whether to commit that person for trial; or
- (ii) whether there is a case to answer; and
- (b) the court or jury, in determining whether that person is guilty of the offence charged,
§ (10) Nothing in this paragraph affects Articles 141 to 152 of the Road Traffic (Northern Ireland) Order 1981.