§ 8.—(1) Except as provided by this paragraph, 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.311
§ (3) A non-intimate sample may be taken from a person without the appropriate consent if—
- (a) he is in police detention or is being held in custody by the police on the authority of a court; and
- (b) an officer of at least the rank of superintendent authorises it to be taken without the appropriate consent.
§ (4) An officer may only give an authorisation under sub-paragraph (3) above 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 disapprove his involvement.
§ (5) An officer may give an authorisation under sub-paragraph (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
§ (6) Where—
- (a) an authorisation has been given; and
- (b) it is proposed that a non-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.
§ (7) The duty imposed by sub-paragraph (6)(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.
§ (8) If a non-intimate sample is taken from a person by virtue of subsection (3) above—
- (a) the authorisation by virtue of which it was taken; and
- (b) the grounds for giving the authorisation,