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- (b) those samples have proved insufficient, and
- (c) the person has been released from detention.
(2) An intimate sample may be taken from the person if—
- (a) the appropriate consent is given in writing,
- (b) a police officer of at least the rank of superintendent authorises the sample to be taken, and
- (c) subject to paragraph 13(2) and (3), the sample is taken by a constable.
(3) Paragraphs 10(6) and (7) and 11 shall apply in relation to the taking of an intimate sample under this paragraph; and a reference to a person detained under section 41 shall be taken as a reference to a person who was detained under section 41 when the non-intimate samples mentioned in sub-paragraph (1)(a) were taken.
13.—(1) Where appropriate written consent to the taking of an intimate sample from a person under paragraph 10 or 12 is refused without good cause, in any proceedings against that person for an offence—
- (a) the court, in determining whether to commit him for trial or whether there is a case to answer, may draw such inferences from the refusal as appear proper, 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.
(2) An intimate sample other than a sample of urine or a dental impression may be taken under paragraph 10 or 12 only by a registered medical practitioner acting on the authority of a constable.
(3) An intimate sample which is a dental impression may be taken under paragraph 10 or 12 only by a registered dentist acting on the authority of a constable.
(4) Where a sample of hair other than pubic hair is to be taken under paragraph 10 the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.
14.—(1) This paragraph applies to—
- (a) fingerprints or samples taken under paragraph 10 or 12, and
- (b) information derived from those samples.
(2) The fingerprints, samples or information may be used only for the purpose of a terrorist investigation.
(3) In particular, a check may not be made against them under—
- (a) section 63A(1) of the 1984 c. 60.Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), or
- (b) Article 63A(1) of the S.I. 1989/1341 (N.I.12).Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), except for the purpose of a terrorist investigation.
(4) The fingerprints, samples or information may be checked, subject to subparagraph (2), against—
- (a) other fingerprints or samples taken under paragraph 10 or 12 or information derived from those samples,
- (b) relevant physical data or samples taken by virtue of paragraph 20,
