Sch. 8
- (b) the reason shall be recorded as soon as is reasonably practicable.
(8) Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1).
(9) In this paragraph “serious arrestable offence” has the meaning given by section 116 of the 1984 c. 60.
S.I. 1989/1341 (N.I.12).Police and Criminal Evidence Act 1984 (in relation to England and Wales) and by Article 87 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (in relation to Northern Ireland); but it also includes—
- (a) an offence under any of the provisions mentioned in section 40(1)(a) of this Act, and
- (b) an attempt or conspiracy to commit an offence under any of the provisions mentioned in section 40(1)(a).
9.—(1) A direction under this paragraph may provide that a detained person who wishes to exercise the right under paragraph 7 may consult a solicitor only in the sight and hearing of a qualified officer.
(2) A direction under this paragraph may be given—
- (a) where the person is detained at a police station in England or Wales, by an officer of at least the rank of Commander or Assistant Chief Constable, or
- (b) where the person is detained at a police station in Northern Ireland, by an officer of at least the rank of Assistant Chief Constable.
(3) A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing that, unless the direction is given, the exercise of the right by the detained person will have any of the consequences specified in paragraph 8(4) or the consequence specified in paragraph 8(5)(c).
(4) In this paragraph “a qualified officer” means a police officer who—
- (a) is of at least the rank of inspector,
- (b) is of the uniformed branch of the force of which the officer giving the direction is a member, and
- (c) in the opinion of the officer giving the direction, has no connection with the detained person’s case.
(5) A direction under this paragraph shall cease to have effect once the reason for giving it ceases to subsist.
10.—(1) This paragraph applies where a person is detained in England, Wales or Northern Ireland under Schedule 7 or section 41.
(2) Fingerprints may be taken from the detained person only if they are taken by a constable—
- (a) with the appropriate consent given in writing, or
- (b) without that consent under sub-paragraph (4).
(3) A non-intimate sample may be taken from the detained person only if it is taken by a constable—
- (a) with the appropriate consent given in writing, or
- (b) without that consent under sub-paragraph (4).
(4) Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if—
- (a) he is detained at a police station and a police officer of at least the rank of superintendent authorises the fingerprints or sample to be taken, or
