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David Fairhurst
| Posted on Monday, May 13, 2002 - 05:08 am: |
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Julie, Section 65 of the Police and Criminal Evidence Act 1984, as amended by the Criminal Justice and Public Order Act 1994, defines the term 'intimate sample'. 'Intimate sample' means - (a) a dental impression; (b) a sample of blood, semen or any other tissue, fluid, urine or pubic hair; (c) a swab taken from a person's body orifice other than the mouth. A swab from the mouth is now treated as a non- intimate sample (amended by the Criminal Justice and Public Order Act 1994). Section 65 of Police and Criminal Evidence Act 1984, as amended by the Criminal Justice and Public Order Act 1994, defines the term 'non-intimate sample'. It states: ' Non-intimate sample' means - (a) a sample of hair other than pubic hair; (b) a sample taken from a nail or from under a nail; (c) a swab taken from any part of a person's body including the mouth but not any other body orifice (therefore a mouth swab is a non-intimate sample); (d) saliva; (e) a footprint or a similar impression of any part of a person's body other than a part of his hand (which is included within taking fingerprints) or a dental impression (which is an intimate sample). The Police and Criminal Evidence Act 1984 does not provide an actual definition of 'fingerprint' Fingerprints, by virtue of section 65 of PACE, includes palm prints. From the above you can see that fingerprints are neither intimate or non-intimate samples, they are metioned seperately in section 65 of PACE and have their own rules and codes of practice associated with them in Section D of the Codes of Practice. David. |
Ernie Hamm
| Posted on Sunday, May 12, 2002 - 07:56 pm: |
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Don't know about a section "d" of Police and Criminal Evidence 1984, but did find the following reference in a discussion on PACE 1984: "An non-intimate body sample (hair, body swab from a non-oriface, footprints, sample from under nail, etc AND fingerprints) may be taken without consent if you have been charged with a recordable offence." |
julie stoves
| Posted on Sunday, May 12, 2002 - 03:39 pm: |
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are fingerprints intimate or non-intimate samples according to section d of pACE 1984 |
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