Sch. 8
- (b) he has been convicted of a recordable offence and, where a non-intimate sample is to be taken, he was convicted of the offence on or after 10th April 1995 (or 29th July 1996 where the non-intimate sample is to be taken in Northern Ireland).
(5) An intimate sample may be taken from the detained person only if—
- (a) he is detained at a police station,
- (b) the appropriate consent is given in writing,
- (c) a police officer of at least the rank of superintendent authorises the sample to be taken, and
- (d) subject to paragraph 13(2) and (3), the sample is taken by a constable.
(6) An officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if—
- (a) in the case of a person detained under section 41, the officer reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a), and the officer reasonably believes that the fingerprints or sample will tend to confirm or disprove his involvement, or
- (b) in any case, the officer is satisfied that the taking of the fingerprints or sample from the person is necessary in order to assist in determining whether he falls within section 40(1)(b).
(7) If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
11.—(1) Before fingerprints or a sample are taken from a person under paragraph 10, he shall be informed—
- (a) that the fingerprints or sample may be used for the purposes of paragraph 14(4), section 63A(1) of the 1984 c. 60.
S.I. 1989/1341 (N.I. 12).Police and Criminal Evidence Act 1984 and Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and
samples), and
- (b) where the fingerprints or sample are to be taken under paragraph 10(2)(a), (3)(a) or (4)(b), of the reason for taking the fingerprints or sample.
(2) Before fingerprints or a sample are taken from a person upon an authorisation given under paragraph 10(4)(a) or (5)(c), he shall be informed—
- (a) that the authorisation has been given,
- (b) of the grounds upon which it has been given, and
- (c) where relevant, of the nature of the offence in which it is suspected that he has been involved.
(3) After fingerprints or a sample are taken under paragraph 10, there shall be recorded as soon as is reasonably practicable any of the following which apply—
- (a) the fact that the person has been informed in accordance with subparagraphs (1) and (2),
- (b) the reason referred to in sub-paragraph (1)(b),
- (c) the authorisation given under paragraph 10(4)(a) or (5)(c),
- (d) the grounds upon which that authorisation has been given, and
- (e) the fact that the appropriate consent has been given.
12.—(1) This paragraph applies where—
- (a) two or more non-intimate samples suitable for the same means of analysis have been taken from a person under paragraph 10,
