6 Identification by body samples and impressions

6.1 References to:

(a) an ‘intimate sample’ mean a dental impression or sample of blood, semen or any other tissue fluid, urine, or pubic hair, or a swab taken from any part of a person’s genitals or from a person’s body orifice other than the mouth;

(b) a ‘non-intimate sample’ means:

(i) a sample of hair, other than pubic hair, which includes hair plucked with the root, see Note 6A;

(ii) a sample taken from a nail or from under a nail;

(iii) a swab taken from any part of a person’s body other than a part from which a swab taken would be an intimate sample;

(iv) saliva;

(v) a skin impression which means any record, other than a fingerprint, which is a record, in any form and produced by any method, of the skin pattern and other physical characteristics or features of the whole, or any part of, a person’s foot or of any other part of their body.

6.2 PACE, section 62, provides that intimate samples may be taken under:

(a) section 62(1), from a person in police detention only:

(i) if a police officer of inspector rank or above has reasonable grounds to believe such an impression or sample will tend to confirm or disprove the suspect’s involvement in a recordable offence, see Note 4A, and gives authorisation for a sample to be taken; and

(ii) with the suspect’s written consent;

(b) section 62(1A), from a person not in police detention but from whom two or more non- intimate samples have been taken in the course of an investigation of an offence and the samples, though suitable, have proved insufficient if:

(i) a police officer of inspector rank or above authorises it to be taken; and

(ii) the person concerned gives their written consent. See Notes 6B and 6C

(c) section 62(2A), from a person convicted outside England and Wales of an offence which if committed in England and Wales would be qualifying offence as defined by PACE, section 65A (see Note 4AB) from whom two or more non-intimate samples taken under section 63(3E) (see paragraph 6.6(h) have proved insufficient if:

(i) a police officer of inspector rank or above is satisfied that taking the sample is necessary to assist in the prevention or detection of crime and authorises it to be taken; and

(ii) the person concerned gives their written consent.

6.2 A PACE, section 63A(4) and Schedule 2A provide powers to:

(a) make a requirement (in accordance with Annex G) for a person to attend a police station to have an intimate sample taken in the exercise of one of the following powers (see paragraph 6.2) :

(i) section 62(1A) – Persons from whom two or more non-intimate samples have been taken and proved to be insufficient, see paragraph 6.2(b): There is no time limit for making the requirement.

(ii) section 62(2A) – Persons convicted outside England and Wales from whom two or more non-intimate samples taken under section 63(3E) (see paragraph 6.6(g)have proved insufficient, see paragraph 6.2(c): There is no time limit for making the requirement.

(b) arrest without warrant a person who fails to comply with the requirement

6.3 Before a suspect is asked to provide an intimate sample, they must be:

(a) informed:

(i) of the reason, including the nature of the suspected offence (except if taken under paragraph 6.2(c) from a person convicted outside England and Wales.

(ii) that authorisation has been given and the provisions under which given;

(iii) that a sample taken at a police station may be subject of a speculative search;

(b) warned that if they refuse without good cause their refusal may harm their case if it comes to trial, see Note 6D. If the suspect is in police detention and not legally represented, they must also be reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the reminder noted in the custody record. If paragraph 6.2(b) applies and the person is attending a station voluntarily, their entitlement to free legal advice as in Code C, paragraph 3.21 shall be explained to them.

6.4 Dental impressions may only be taken by a registered dentist. Other intimate samples, except for samples of urine, may only be taken by a registered medical practitioner or registered nurse or registered paramedic.

6.5 A non-intimate sample may be taken from a detainee only with their written consent or if paragraph 6.6 applies.

6.6 A non-intimate sample may be taken from a person without the appropriate consent in the following circumstances:

(a) under section 63(2A) from a person who is in police detention as a consequence of being arrested for a recordable offence and who 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 they have had such a sample taken but it proved insufficient.

(b) Under section 63(3) from a person who is being held in custody by the police on the authority of a court if an officer of at least the rank of inspector authorises it to be taken. An authorisation may be given:

(i) if the authorising officer has reasonable grounds for suspecting the person of involvement in a recordable offence and for believing that the sample will tend to confirm or disprove that involvement, and

(ii) in writing or orally and confirmed in writing, as soon as practicable;

but an authorisation may not be given to take from the same part of the body a further non-intimate sample consisting of a skin impression unless the previously taken impression proved insufficient

(c) under section 63(3ZA) from a person who has been arrested for a recordable offence and released if:

(i) in the case of a person who is on bail, they have not had a sample of the same type and from the same part of the body taken in the course of the investigation of the offence, or;

(ii) in any case, the person has had such a sample taken in the course of the investigation of the offence, but either:

it was not suitable or proved insufficient; or

the investigation was discontinued but subsequently resumed and before the resumption, any DNA profile derived from the sample was destroyed and the sample itself was destroyed pursuant to section 63R(4), (5) or (12).

(d) under section 63(3A), from a person (whether or not in police detention or held in custody by the police on the authority of a court) who has been charged with a recordable offence or informed they will be reported for such an offence if the person:

(i) has not had a non-intimate sample taken from them in the course of the investigation of the offence; or

(ii) has had a sample so taken, but it was not suitable or proved insufficient, see

Note 6B; or

(iii) has had a sample taken in the course of the investigation of the offence and the sample has been destroyed and in proceedings relating to that offence there is a dispute as to whether a DNA profile relevant to the proceedings was derived from the destroyed sample.

(e) under section 63(3B), from a person who has been:

(i) convicted of a recordable offence; or

(ii) given a caution in respect of a recordable offence which, at the time of the caution, the person admitted;

if, since their conviction or caution a non-intimate sample has not been taken from them or a sample which has been taken since then was not suitable or proved insufficient and in either case, an officer of inspector rank or above, is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime and authorises the taking;

(f) under section 63(3C) from a person to whom section 2 of the Criminal Evidence (Amendment) Act 1997 applies (persons detained following acquittal on grounds of insanity or finding of unfitness to plead).

(g) under section 63(3E) from a person who has been convicted outside England and Wales of an offence which if committed in England and Wales would be a qualifying offence as defined by PACE, section 65A (see Note 4AB) if:

(i) a non-intimate sample has not been taken previously under this power or unless a sample was so taken but was not suitable or proved insufficient; and

(ii) a police officer of inspector rank or above is satisfied that taking a sample is necessary to assist in the prevention or detection of crime and authorises it to be taken.

6.6 A PACE, section 63A(4) and Schedule 2A provide powers to:

(a) make a requirement (in accordance with Annex G) for a person to attend a police station to have a non-intimate sample taken in the exercise of one of the following powers (see paragraph 6.6 above) within certain time limits as follows:

(i) section 63(3ZA) – Persons arrested for a recordable offence and released, see paragraph 6.6(c): In the case of a person from whom a non-intimate sample was taken in the course of the investigation but that sample was not suitable or proved insufficient, the requirement may not be made more than six months from the day the investigating officer was informed that the sample previously taken was not suitable or proved insufficient. In the case of a person whose DNA profile and sample was destroyed prior to the resumption of the investigation, the requirement may not be made more than six months from the day on which the investigation resumed.

(ii) section 63(3A) – Persons charged etc. with a recordable offence, see paragraph 6.6(d): The requirement may not be made more than six months from:

the day the person was charged or informed that they would be reported, if a sample has not been taken in the course of the investigation;

the day the investigating officer was informed that the sample previously taken was not suitable or proved insufficient, if a sample has been taken in the course of the investigation but the sample was not suitable or proved insufficient; or

the day on which the investigation was resumed, in the case of a person whose DNA profile and sample were destroyed prior to the resumption of the investigation.

(iii) section 63(3B) – Person convicted or cautioned for a recordable offence in England and Wales, see paragraph 6.6(e): Where the offence for which the person was convicted etc is also a qualifying offence (see Note 4AB), there is no time limit for the exercise of this power. Where the conviction etc was for a recordable offence that is not a qualifying offence, the requirement may not be made more than two years from:

in the case of a person whose sample has not been taken since they were convicted or cautioned, the day the person was convicted or cautioned, , or, if later. the day Schedule 2A came into force (March 7 2011); or

in the case of a person whose sample has been taken but was not suitable or proved insufficient, the day an officer from the force investigating the offence was informed that the sample previously taken was not suitable or proved insufficient or, if later, the day Schedule 2A came into force (March 7 2011).

(iv) section 63(3E) – A person who has been convicted of qualifying offence (see Note 4AB) outside England and Wales, see paragraph 6.6(h): There is no time limit for making the requirement.

Note: A person who has had a non-intimate sample taken under any of the powers in section 63 mentioned in paragraph 6.6 on two occasions in relation to any offence may not be required under Schedule 2A to attend a police station for a sample to be taken again under section 63 in relation to that offence, unless authorised by an officer of inspector rank or above. The fact of the authorisation and the reasons for giving it must be recorded as soon as practicable.

(b) arrest, without warrant, a person who fails to comply with the requirement.

6.7 Reasonable force may be used, if necessary, to take a non-intimate sample from a person without their consent under the powers mentioned in paragraph 6.6.

6.8 Before any non-intimate sample is taken:

(a) without consent under any power mentioned in paragraphs 6.6 and 6.6A, the person must be informed of:

(i) the reason for taking the sample;

(ii) the power under which the sample is to be taken;

(iii) the fact that the relevant authority has been given if any power mentioned in paragraph 6.6(b), (e) or (g) applies, including the nature of the suspected offence (except if taken under paragraph 6.6(e) from a person convicted or cautioned, or under paragraph 6.6(g) if taken from a person convicted outside England and Wales;

(b) with or without consent at a police station or elsewhere, the person must be informed:

(i) that their sample or information derived from it may be subject of a speculative search against other samples and information derived from them, see Note 6E and

(ii) that their sample and the information derived from it may be retained in accordance with Annex F, Part (a).

6.9 When clothing needs to be removed in circumstances likely to cause embarrassment to the person, no person of the opposite sex who is not a registered medical practitioner or registered health care professional shall be present, (unless in the case of a juvenile, mentally disordered or mentally vulnerable person, that person specifically requests the presence of an appropriate adult of the opposite sex who is readily available) nor shall anyone whose presence is unnecessary. However, in the case of a juvenile, this is subject to the overriding proviso that such a removal of clothing may take place in the absence of the appropriate adult only if the juvenile signifies in their presence, that they prefer the adult’s absence and they agree.

6.10 A record must be made as soon as practicable after the sample is taken of:

The matters in paragraph 6.8(a)(i) to (iii) and the fact that the person has been informed of those matters; and

The fact that the person has been informed of the matters in paragraph 6.8(b)(i) and (ii).

6.10 A If force is used, a record shall be made of the circumstances and those present.

6.11 A record must be made of a warning given as required by paragraph 6.3.

6.12 Not used

6A When hair samples are taken for the purpose of DNA analysis (rather than for other purposes such as making a visual match), the suspect should be permitted a reasonable choice as to what part of the body the hairs are taken from. When hairs are plucked, they should be plucked individually, unless the suspect prefers otherwise and no more should be plucked than the person taking them reasonably considers necessary for a sufficient sample.

6B (a) An insufficient sample is one which is not sufficient either in quantity or quality to provide information for a particular form of analysis, such as DNA analysis. A sample may also be insufficient if enough information cannot be obtained from it by analysis because of loss, destruction, damage or contamination of the sample or as a result of an earlier, unsuccessful attempt at analysis.

(b) An unsuitable sample is one which, by its nature, is not suitable for a particular form of analysis.

6C Nothing in paragraph 6.2 prevents intimate samples being taken for elimination purposes with the consent of the person concerned but the provisions of paragraph 2.12 relating to the role of the appropriate adult, should be applied. Paragraph 6.2(b) does not, however, apply where the non-intimate samples were previously taken under the Terrorism Act 2000, Schedule 8, paragraph 10, or under the National Security Act 2023, Schedule 6, paragraph 10.

6D In warning a person who is asked to provide an intimate sample as in paragraph 6.3, the following form of words may be used:

‘You do not have to provide this sample/allow this swab or impression to be taken, but I must warn you that if you refuse without good cause, your refusal may harm your case if it comes to trial.’

6E Fingerprints or a DNA sample and the information derived from it taken from a person arrested on suspicion of being involved in a recordable offence, or charged with such an offence, or informed they will be reported for such an offence, may be subject of a speculative search. This means they may be checked against other fingerprints and DNA records held by, or on behalf of, the police and other law enforcement authorities in or outside the UK or held in connection with, or as a result of, an investigation of an offence inside or outside the UK.

See Annex F regarding the retention and use of fingerprints and samples taken with consent for elimination purposes.

6F Samples of urine and non-intimate samples taken in accordance with sections 63B and 63C of PACE may not be used for identification purposes in accordance with this Code. See Code C Note for guidance 17D.