Part 3DNA profile databank
Obtaining bodily sample by consent
33Dual requests
A databank request made to any person may be made in conjunction with a suspect request, and, in any such case,—
- the constable making the requests shall, in addition to informing the person of the matters set out in sections 6(2)(b) and 30(2)(b), inform the person—
- that he or she may consent to the taking of a bodily sample in response to both requests, or in response to only one of the requests, or may refuse both of the requests; and
- that if he or she consents to the taking of a bodily sample in response to only one of the requests, then, subject to section 26(a), information derived from the analysis of that sample may be used for the purposes of that request only; and
- that he or she may consent to the taking of a bodily sample in response to both requests, or in response to only one of the requests, or may refuse both of the requests; and
- in addition to handing the person the notices required by sections 6(2)(a) and 30(2)(a), the constable shall hand the person a written notice in the prescribed form containing—
- a statement specifying the matters set out in subparagraphs (i) and (ii) of paragraph (a); and
- such other particulars as may be prescribed; and
- a statement specifying the matters set out in subparagraphs (i) and (ii) of paragraph (a); and
- the following provisions of this Act shall apply subject to the following modifications:
- section 9(3)(a)(ii) shall be read as if there were inserted, after the word
Act
, the words and the notice required by section 33(b): - section 34(3)(b) shall be read as if there were inserted, after the word
Act
, the words and the notice required by section 33(b).
- section 9(3)(a)(ii) shall be read as if there were inserted, after the word
Notes
- Section 33(a): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
- Section 33(a)(i): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
- Section 33(a)(ii): amended, on , by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).
- Section 33(b): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).


