Identification procedures (Code D)

3.0 This part applies when an eye-witness has seen a person committing a crime or in any other circumstances which tend to prove or disprove the involvement of the person they saw in a crime, for example, close to the scene of the crime, immediately before or immediately after it was committed. It sets out the procedures to be used to test the ability of that eye-witness to identify a person suspected of involvement in the offence (‘the suspect’) as the person they saw on the previous occasion. This part does not apply to the procedure described in Part B (see Note 3AA) which is used to test the ability of someone who is not an eye-witness, to recognise anyone whose image they see.

3.12 If, before any identification procedure set out in paragraphs 3.5 to 3.10 has been held

(a) an eye-witness has identified a suspect or purported to have identified them; or

(b) there is an eye-witness available who expresses an ability to identify the suspect; or

(c) there is a reasonable chance of an eye-witness being able to identify the suspect,

and the eye-witness in (a) to (c) has not been given an opportunity to identify the suspect in any of the procedures set out in paragraphs 3.5 to 3.10, then an identification procedure shall be held if the suspect disputes being the person the eye-witness claims to have seen on a previous occasion (see paragraph 3.0), unless:

(i) it is not practicable to hold any such procedure; or

(ii) any such procedure would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence, for example

where the suspect admits being at the scene of the crime and gives an account of what took place and the eye-witness does not see anything which contradicts that; or

when it is not disputed that the suspect is already known to the eye-witness who claims to have recognised them when seeing them commit the crime.

3.1 A record shall be made of the description of the suspect as first given by the eye-witness . This record must:

(a) be made and kept in a form which enables details of that description to be accurately produced from it, in a visible and legible form, which can be given to the suspect or the suspect’s solicitor in accordance with this Code; and

(b) unless otherwise specified, be made before the eye-witness takes part in any identification procedures under paragraphs 3.5 to 3.10, 3.21, 3.23 or Annex E (Showing Photographs to Eye-Witnesses).

A copy of the record shall where practicable, be given to the suspect or their solicitor before any procedures under paragraphs 3.5 to 3.10, 3.21 or 3.23 are carried out. See Note 3E.

3.4 If the suspect’s identity is known to the police (see paragraph 3.1A(a)) and they are available (see paragraph 3.1A(b)), the identification procedures that may be used are set out in paragraphs 3.5 to 3.10 below as follows:

(i) video identification;

(ii) identification parade; or

(iii) group identification.

4.2 A person’s fingerprints may be taken in connection with the investigation of an offence only with their consent or if paragraph 4.3 applies. If the person is at a police station, consent must be in writing.

4.3 PACE, section 61, provides powers to take fingerprints without consent from any person aged ten or over as follows:

(a) under section 61(3), from a person detained at a police station in consequence of being arrested for a recordable offence, see Note 4A, if they have not had their fingerprints taken in the course of the investigation of the offence unless those previously taken fingerprints are not a complete set or some or all of those fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(b) under section 61(4), from a person detained at a police station who has been charged with a recordable offence, see Note 4A, or informed they will be reported for such an offence if they have not had their fingerprints taken in the course of the investigation of the offence unless those previously taken fingerprints are not a complete set or some or all of those fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(c) under section 61(4A), from a person who has been bailed to appear at a court or police station if the person:

(i) has answered to bail for a person whose fingerprints were taken previously and there are reasonable grounds for believing they are not the same person; or

(ii) who has answered to bail claims to be a different person from a person whose fingerprints were previously taken;

and in either case, the court or an officer of inspector rank or above, authorises the fingerprints to be taken at the court or police station (an inspector’s authority may be given in writing or orally and confirmed in writing, as soon as practicable);

(ca) under section 61(5A) from a person who has been arrested for a recordable offence and released if the person:

(i) is on bail and has not had their fingerprints taken in the course of the investigation of the offence, or;

(ii) has had their fingerprints taken in the course of the investigation of the offence, but they do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(cb) under section 61(5B) from a person not detained at a police station who has been charged with a recordable offence or informed they will be reported for such an offence if:

(i) they have not had their fingerprints taken in the course of the investigation; or

(ii) their fingerprints have been taken in the course of the investigation of the offence but either:

they do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching; or

the investigation was discontinued but subsequently resumed and, before the resumption, their fingerprints were destroyed pursuant to section 63D(3).

(d) under section 61(6), from a person who has been:

(i) convicted of a recordable offence; or

(ii) given a caution in respect of a recordable offence (see Note 4A) which, at the time of the caution, the person admitted;

if, since being convicted or cautioned:

their fingerprints have not been taken; or

their fingerprints which have been taken do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching;

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;

(e) under section 61(6A) from a person a constable reasonably suspects is committing or attempting to commit, or has committed or attempted to commit, any offence if either:

(i) the person’s name is unknown to, and cannot be readily ascertained by, the constable; or

(ii) the constable has reasonable grounds for doubting whether a name given by the person as their name is their real name.

Note: fingerprints taken under this power are not regarded as having been taken in the course of the investigation of an offence.

[See Note 4C]

(f) under section 61(6D) 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) the person’s fingerprints have not been taken previously under this power or their fingerprints have been so taken on a previous occasion but they do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching; and

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

(1) Except as provided by this section no person’s fingerprints may be taken without the appropriate consent.

(2) Consent to the taking of a person’s fingerprints must be in writing if it is given at a time when he is at a police station.

(3) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—

(a) he is detained in consequence of his arrest for a recordable offence; and

(b) he has not had his fingerprints taken in the course of the investigation of the offence by the police.

(3A) Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if—

(a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or

(b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).

(4) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—

(a) he has been charged with a recordable offence or informed that he will be reported for such an offence; and

(b) he has not had his fingerprints taken in the course of the investigation of the offence by the police.

(4A) The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if—

(a) the court, or

(b) an officer of at least the rank of inspector,

authorises them to be taken.

(4B) A court or officer may only give an authorisation under subsection (4A) if—

(a) the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that he is not the same person; or

(b) the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion.

(5) An officer may give an authorisation under subsection (4A) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(5A) The fingerprints of a person may be taken without the appropriate consent if (before or after the coming into force of this subsection) he has been arrested for a recordable offence and released and—

(a) ... he has not had his fingerprints taken in the course of the investigation of the offence by the police; or

(b) ... he has had his fingerprints taken in the course of that investigation but

(i) subsection (3A)(a) or (b) above applies, or

(ii) subsection (5C) below applies.

(5B) The fingerprints of a person not detained at a police station may be taken without the appropriate consent if (before or after the coming into force of this subsection) he has been charged with a recordable offence or informed that he will be reported for such an offence and—

(a) he has not had his fingerprints taken in the course of the investigation of the offence by the police; or

(b) he has had his fingerprints taken in the course of that investigation but

(i) subsection (3A)(a) or (b) above applies, or

(ii) subsection (5C) below applies.

(5C) This subsection applies where—

(a) the investigation was discontinued but subsequently resumed, and

(b) before the resumption of the investigation the fingerprints were destroyed pursuant to section 63D(3) below.

(6) Subject to this section, the fingerprints of a person may be taken without the appropriate consent if (before or after the coming into force of this subsection)—

(a) he has been convicted of a recordable offence, or

(b) he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, and

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

either of the conditions mentioned in subsection (6ZA) below is met.

(6ZA) The conditions referred to in subsection (6) above are—

(a) the person has not had his fingerprints taken since he was convicted, or cautioned;

(b) he has had his fingerprints taken since then but subsection (3A)(a) or (b) above applies.

(6ZB) Fingerprints may only be taken as specified in subsection (6) above with the authorisation of an officer of at least the rank of inspector.

(6ZC) An officer may only give an authorisation under subsection (6ZB) above if the officer is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime.

(6A) A constable may take a person's fingerprints without the appropriate consent if—

(a) the constable reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence; and

(b) either of the two conditions mentioned in subsection (6B) is met.

(6B) The conditions are that—

(a) the name of the person is unknown to, and cannot be readily ascertained by, the constable;

(b) the constable has reasonable grounds for doubting whether a name furnished by the person as his name is his real name.

(6C) The taking of fingerprints by virtue of subsection (6A) does not count for any of the purposes of this Act as taking them in the course of the investigation of an offence by the police.

(6D) Subject to this section, the fingerprints of a person may be taken without the appropriate consent if—

(a) under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not he has been punished for it);

(b) the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted); and

(c) either of the conditions mentioned in subsection (6E) below is met.

(6E) The conditions referred to in subsection (6D)(c) above are—

(a) the person has not had his fingerprints taken on a previous occasion under subsection (6D) above;

(b) he has had his fingerprints taken on a previous occasion under that subsection but subsection (3A)(a) or (b) above applies.

(6F) Fingerprints may only be taken as specified in subsection (6D) above with the authorisation of an officer of at least the rank of inspector.

(6G) An officer may only give an authorisation under subsection (6F) above if the officer is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime.

(7) Where a person's fingerprints are taken without the appropriate consent by virtue of any power conferred by this section—

(a) before the fingerprints are taken, the person shall be informed of—

(i) the reason for taking the fingerprints;

(ii) the power by virtue of which they are taken; and

(iii) in a case where the authorisation of the court or an officer is required for the exercise of the power, the fact that the authorisation has been given; and

(b) those matters shall be recorded as soon as practicable after the fingerprints are taken.

(7A) If a person’s fingerprints are taken at a police station, or by virtue of subsection (4A), (6A) at a place other than a police station, whether with or without the appropriate consent—

(a) before the fingerprints are taken, an officer (or, where by virtue of subsection (4A), (6A) or (6BA) the fingerprints are taken at a place other than a police station, the constable taking the fingerprints) shall inform him that they may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.

(8) If he is detained at a police station when the fingerprints are taken, the matters referred to in subsection (7)(a)(i) to (iii) above and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection shall be recorded on his custody record.

(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8B) Any power under this section to take the fingerprints of a person without the appropriate consent, if not otherwise specified to be exercisable by a constable, shall be exercisable by a constable.

(9) Nothing in this section—

(a) affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971; or

(b) applies to a person arrested or detained under the terrorism provisions or under section 27 of the National Security Act 2023, or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

(10) Nothing in this section applies to a person arrested under an extradition arrest power.

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.

6.6 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.

(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—

(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.

(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.

(2B) An officer may only give an authorisation under subsection (2A) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.

(3) An officer may give an authorisation under subsection (1) or (1A) or (2A) 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) Before an intimate sample is taken from a person, an officer shall inform him of the following—

(a) the reason for taking the sample;

(b) the fact that authorisation has been given and the provision of this section under which it has been given; and

(c) if the sample was taken at a police station, the fact that the sample may be the subject of a speculative search.

(6) The reason referred to in subsection (5)(a) above must include, except in a case where the sample is taken under subsection (2A) above, a statement of the nature of the offence in which it is suspected that the person has been involved.

(7) After an intimate sample has been taken from a person, the following shall be recorded as soon as practicable—

(a) the matters referred to in subsection (5)(a) and (b) above;

(b) if the sample was taken at a police station, the fact that the person has been informed as specified in subsection (5)(c) above; and

(c) the fact that the appropriate consent was given.

(8) If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (7) ... above shall be recorded in his custody record.

(9) In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.

(9A) In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—

(a) a registered medical practitioner; or

(b) a registered health care professional.

(10) Where the appropriate consent to the taking of an intimate sample from person was refused without good cause, in any proceedings against that person for an offence—

(a) the court, in determining—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) whether there is a case to answer; and

(aa) a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and

(b) the court or jury, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper ... .

(11) Nothing in this section applies to the taking of a specimen for the purposes of any of the provisions of sections 4 to 11 of the Road Traffic Act 1988 or of sections 26 to 38 of the Transport and Works Act 1992 .

(12) Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.

(13) Nothing in this section applies to a person detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under Part 2 of that Schedule.

(14) Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 6 to that Act.

(1) Except as provided by this section, 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.

(2A) A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.

(2B) The first is that the person is in police detention in consequence of his arrest for a recordable offence.

(2C) The second is that—

(a) he 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

(b) he has had such a sample taken but it proved insufficient.

(3) A non-intimate sample may be taken from a person without the appropriate consent if—

(a) he . . . is being held in custody by the police on the authority of a court; and

(b) an officer of at least the rank of inspector authorises it to be taken without the appropriate consent.

(3ZA) A non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this subsection) he has been arrested for a recordable offence and released and—

(a) ... he has not had a non-intimate sample of the same type and from the same part of the body taken from him in the course of the investigation of the offence by the police; or

(b) ... he has had a non-intimate sample taken from him in the course of that investigation but—

(i) it was not suitable for the same means of analysis, or

(ii) it proved insufficient., or

(iii) subsection (3AA) below applies.

(3A) A non-intimate sample may be taken from a person (whether or not he is in police detention or held in custody by the police on the authority of a court) without the appropriate consent if he has been charged with a recordable offence or informed that he will be reported for such an offence and—

(a) he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police; or

(b) he has had a non-intimate sample taken from him in the course of that investigation but—

(i) it was not suitable for the same means of analysis, or

(ii) it proved insufficient, or

(iii) subsection (3AA) below applies; or

(c) he has had a non-intimate sample taken from him in the course of that investigation and—

(i) the sample has been destroyed pursuant to section 63R below or any other enactment, and

(ii) it is disputed, in relation to any proceedings relating to the offence, whether a DNA profile relevant to the proceedings is derived from the sample.

(3AA) This subsection applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation—

(a) any DNA profile derived from the sample was destroyed pursuant to section 63D(3) below, and

(b) the sample itself was destroyed pursuant to section 63R(4), (5) or (12) below.

(3B) Subject to this section, a non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this subsection)—

(a) he has been convicted of a recordable offence, or

(b) he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, and

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

either of the conditions mentioned in subsection (3BA) below is met.

(3BA) The conditions referred to in subsection (3B) above are—

(a) a non-intimate sample has not been taken from the person since he was convicted or cautioned;

(b) such a sample has been taken from him since then but—

(i) it was not suitable for the same means of analysis, or

(ii) it proved insufficient.

(3BB) A non-intimate sample may only be taken as specified in subsection (3B) above with the authorisation of an officer of at least the rank of inspector.

(3BC) An officer may only give an authorisation under subsection (3BB) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.

(3C) A non-intimate sample may also be taken from a person without the appropriate consent if he is 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).

(3E) Subject to this section, a non-intimate sample may be taken without the appropriate consent from a person if—

(a) under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not he has been punished for it);

(b) the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted); and

(c) either of the conditions mentioned in subsection (3F) below is met.

(3F) The conditions referred to in subsection (3E)(c) above are—

(a) the person has not had a non-intimate sample taken from him on a previous occasion under subsection (3E) above;

(b) he has had such a sample taken from him on a previous occasion under that subsection but—

(i) the sample was not suitable for the same means of analysis, or

(ii) it proved insufficient.

(3G) A non-intimate sample may only be taken as specified in subsection (3E) above with the authorisation of an officer of at least the rank of inspector.

(3H) An officer may only give an authorisation under subsection (3G) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.

(4) An officer may only give an authorisation under subsection (3) 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.

(5) An officer may give an authorisation under subsection (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(5A) An officer shall not give an authorisation under subsection (3) above for the taking from any person of a non-intimate sample consisting of a skin impression if—

(a) a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the offence; and

(b) the impression previously taken is not one that has proved insufficient.

(6) Where a non-intimate sample is taken from a person without the appropriate consent by virtue of any power conferred by this section—

(a) before the sample is taken, an officer shall inform him of—

(i) the reason for taking the sample;

(ii) the power by virtue of which it is taken; and

(iii) in a case where the authorisation of an officer is required for the exercise of the power, the fact that the authorisation has been given; and

(b) those matters shall be recorded as soon as practicable after the sample is taken.

(7) The reason referred to in subsection (6)(a)(i) above must include, except in a case where the non-intimate sample is taken under subsection (3B) or (3E) above, a statement of the nature of the offence in which it is suspected that the person has been involved.

(8B) If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent—

(a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.

(9) If a non-intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (6) or (8B) above shall be recorded in his custody record.

(9ZA) The power to take a non-intimate sample from a person without the appropriate consent shall be exercisable by any constable.

(9A) Subsection (3B) above shall not apply to

(a) any person convicted before 10th April 1995 unless he is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies (persons imprisoned or detained by virtue of pre-existing conviction for sexual offence etc.). ; or

(b) a person given a caution before 10th April 1995.

(10) Nothing in this section applies to a person arrested or detained under the terrorism provisions or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

(10A) Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023.

(11) Nothing in this section applies to a person arrested under an extradition arrest power.