Code C- Identification by body samples and impressions

Question 1

Q: Where are the rules on identification found?

Answer 1

Code D- must be readily available at all police stations for consultation.

Question 2

Q: Can DNA evidence alone be used to convict a suspect?

Answer 2

DNA evidence alone will not be sufficient for a conviction and there needs to be some supporting evidence to link the suspect to the crime eg: confession, witnessed in the vicinity.

Question 3

Q: What is the purpose of taking identification samples?

Answer 3

To enable the process of DNA profiling. This involves an analysis of the sample taken from the suspect (first sample), an analysis of the sample taken from the crime scene or victim (second sample) then a comparison of the two. The matching process involves creating bands from each sample and then comparing the number of those bands which the two samples share. The more matches that exist between the first and sample samples, the less probability there is of that happening by chance. A good match between the two samples makes it more likely that it came from the suspect.

Question 4

Q: Can DNA evidence alone be used to convict a suspect?

Answer 4

It will be for the prosecution to produce other evidence to the court which reduces the chance of a DNA sample belonging to someone other than the defendant.

Question 5

Q: Case- DNA evidence and its reliability

Answer 5

Lashleigh- the sole evidence against D for a robbery was DNA evidence from a half-smoked cigarette. The DNA matched a sample taken from the suspect and would have matched the profile of 7-10 other males in the UK. Court held the significance of the DNA evidence depended critically on what else was known about the suspect- had there been evidence that the suspect lived in the area etc the jury could have found the case compelling. In the absence of any such supporting evidence, D could not be safely convicted.

Question 6

Q: Case- DNA evidence and its reliability

Answer 6

FNC- Court noted that there is a difference between DNA found at an article at the scene and DNA which could only have been deposited during the actual commission of the crime by the offender. A very high DNA match for the latter must at least raise a case for him to answer.

Question 7

Q: What is a speculative search?

Answer 7

Speculative search- search of the national DNA database.

Question 8

Q: What are insufficient or unsuitable samples?

Answer 8

Insufficient or unsuitable samples- either insufficient or unsuitable in quantity or quality to provide info for a specific type of DNA analysis.

Question 9

Q: What are the 2 different types of sample?

Answer 9

Intimate (s62 PACE)
Non-intimate (s63 PACE)
Both dealt with in Code D paragraph 6.

Question 10

Q: What are intimate samples?

Answer 10

Paragraph 6.1 Code D
Intimate samples:
(a) an ‘intimate sample’ mean a dental impression or sample of blood, semen or any other tissue fluid, urine, or pubic hair, or a swab taken from any part of a person’s genitals or from a person’s body orifice other than the mouth
So the intimate orifices are the ear canal, nose, vagina and anus- NOT mouth!!

Question 11

Q: What are non-intimate samples?

Answer 11

Paragraph 6.1 Code D
Non-intimate samples:
(b) A ‘non-intimate sample’ means:
(i) a sample of hair, other than pubic hair, which includes hair plucked with the root
(ii) a sample taken from a nail or from under a nail
(iii) a swab taken from any part of a person’s body other than a part from which a swab taken would be an intimate sample
(iv) saliva
(v) a skin impression which means any record, other than a fingerprint, which is a record, in any form and produced by any method, of the skin pattern and other physical characteristics or features of the whole, or any part of, a person’s foot or of any other part of their body.

Question 12

Q: What are fingerprints?

Answer 12

Fingerprints are just fingerprints- they are NOT samples!

Question 13

Q: Are footprints samples?

Answer 13

Yes- they are non-intimate

Question 14

Q: What are identification intimate samples?

Answer 14

S62(1) PACE
1: Inspector’s authorisation
2: Written consent of suspect
3: Reasonable grounds
(1) an intimate sample may be taken from a person in police detention only—
(a) if a police officer of at least the rank of Inspector authorises it to be taken; and
(b) if the appropriate consent is given.
(2) An officer may only give an authorisation if he has reasonable grounds—
(a) for suspecting the involvement of the person from whom the sample is to be taken in a recordable offence; and
(b) for believing that the sample will tend to confirm or disprove his involvement

Question 15

Q: Can intimate samples be taken from someone who is not in police detention?

Answer 15

S62 (1A) PACE
(1A) An intimate sample may be taken from a person who is not in police detention but from whom, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient—
(a) if a police officer of at least the rank of Inspector authorises it to be taken; and
(b) if the appropriate consent is given.

Question 16

Q: Can intimate samples be taken if someone is convicted of offences outside England and Wales?

Answer 16

S62(2A) PACE
An intimate sample may be taken from a person where—
(a) two or more non-intimate samples suitable for the same means of analysis have been taken from the person under section 63(3E) below (persons convicted of offences outside England and Wales etc ) but have proved insufficient;
(b) a police officer of at least the rank of inspector authorises it to be taken; and
(c) the appropriate consent is given

Question 17

Q: How do you get an intimate sample when someone is not in police detention?

Answer 17

Need to make a requirement for them to attend the police station to have an intimate sample taken. Usually the person will be given 7 days to attend in response to the requirement. If they do not comply then you will be able to arrest and detain them.

Question 18

Q: What info needs to be told to a person before an intimate sample is taken?

Answer 18

Paragraph 6.3 and s62(5) PACE
(5) Before an intimate sample is taken from a person, an officer shall inform him of the following—
(a)the reason for taking the sample;
(b)the fact that authorisation has been given and the provision of this section under which it has been given; and
(c)if the sample was taken at a police station, the fact that the sample may be the subject of a speculative search

Question 19

Q: Does the suspect need to be warned about failing to provide an intimate sample?

Answer 19

S62(10)
The suspect must also be warned that if they refuse without good cause to consent, their refusal may have adverse consequences for them should the matter end up at court.
After the sample has been taken, or refused, all the matters above and the reason for the refusal should be noted in the custody record.

Question 20

Q: Can the authorisation from the suspect or the Inspector be oral or does it have to be in writing?

Answer 20

Suspect- must be in writing
Inspector- can be oral, but needs to be confirm in writing as soon as is practicable

Question 21

Q: What about if the suspect consenting is a juvenile?

Answer 21

If the juvenile is 14, 15, 16 or 17 consent is required in writing! This should be obtained in the pres-ence of their appropriate adult. The written consent of their parent or guardian is also required.
If the juvenile is 13 or under, the consent of the suspect is not required! You must still get the writ-ten consent of the parent or guardian.

Question 22

Q: What are elimination intimate samples?

Answer 22

Elimination samples- sample from someone who is known to be at the scene, which is intended to eliminate them from the investigation, rather than identify them as a potential suspect.
Written consent must be obtained from the person whom the elimination sample is taken, but there is no requirement under PACE for an Inspector’s authorisation too.
The same age rules apply for juvenile’s both for identification and elimination samples.

Question 23

Q: Who takes intimate samples? (Both types)

Answer 23

Urine- does NOT require a medical professional, they can be taken by a constable.
ALL other forms of intimate sample require a medic- registered doctor, registered nurse or regis-tered paramedic
Dental impressions may only be taken by a registered dentist.

Question 24

Q: What is the relevant section that deals with non-intimate samples?

Answer 24

S63 PACE

Question 25

Q: Do you need consent to take a non-intimate sample?

Answer 25

S63(1) Except as provided by this section, a non-intimate sample may not be taken from a person without the appropriate consent.
(2)Consent to the taking of a non-intimate sample must be given in writing.

Question 26

When can a non-intimate sample be taken without consent?

Answer 26

HOWEVER… A non-intimate sample may be taken from a person without the appropriate consent (suspect or Inspector) if two conditions are satisfied
1: Where a suspect is in detention following his arrest for a recordable offence and has not had a non-intimate sample of the same type and from the same part of the body taken if in the course of the investigation or he has had such a sample taken but it proved insufficient or unsuitable.
2. Where a suspect has been arrested for a recordable offence and released on bail if he has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation or if he has had such a sample taken but it proved insufficient or un-suitable or the investigation was discontinued but subsequently resumed and any earlier sample has been destroyed in the meantime.
3. Whether or not the person is currently in detention or custody, if he has been charged with a recordable offence or informed that he will be reported for such an offence and he has not had a non-intimate sample taken in the course of the investigation or at least not one that proves sufficient or suitable or an early sample has been destroyed.
4. Where a person has been detained following acquittal on the grounds of insanity or unfitness to plead.

Question 27

Summary for no consent for intimate samples

Answer 27

Summary:
No consent for intimate samples is required from the suspect or Inspector in the following cases:
- arrested
- released on bail or without bail
- charged or reported
- detained on grounds of insanity

Question 28

Q: When will you need an Inspector’s consent but NOT the consent of the suspect?

Answer 28

1: When the suspect is being held in custody by the police on the authority of the court. The Inspector’s authorisation may only be given if he has reasonable grounds for suspecting a persons involvement in a suspected offence and reasonable grounds for believing the sample will confirm or disprove that involvement.
May be given orally or in writing, but if given orally must be confirmed in writing ASAP.

Question 29

Q: What is the limitation on the Inspector’s power to authorise a non-intimate sample in these circumstances?

Answer 29

PACE s63(5A) tells us that the authorisation may not be given if a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the of-fence and the impression previously taken is not one that has proved insufficient.
If you’ve already got a useable skin impression then you can’t get another!

Question 30

Q: What must a suspect be told if the non-intimate sample if taken from a person without con-sent?

Answer 30

S63(6) PACE
(a) before the sample is taken, an officer shall inform him of—
(i) the reason for taking the sample;
(ii) the power by virtue of which it is taken; and
(iii) in a case where the authorisation of an officer is required for the exercise of the power, the fact that the authorisation has been given; and
(iv) those matters shall be recorded as soon as practicable after the sample is taken.
(b) Those matters shall be recorded as soon as practicable after the sample is taken

Question 31

Q: When is an Inspector’s authority required?

Answer 31

An Inspector’s authorisation will be required if the person has been convicted of a recordable of-fence or given a caution in respect of an admitted recordable offence and either not had a non-intimate sample taken or not had one taken which was suitable or sufficient.
An Inspector’s authorisation may only be given if the inspector is satisfied the sample is necessary tp assist in the prevention or detection of crime.

Question 32

Q: Can an intimate sample be taken from someone who is convicted of a crime outside of England and Wales?

Answer 32

Where a person is convicted of a crime outside England and Wales, which would have been a qualifying offence in this country, and he has either not had a non-intimate sample taken or one which is sufficient, the Inspector must be satisfied that taking the sample is necessary to assist in the prevention or detection of crime.

Question 33

Q: Can use you use reasonable force to take an intimate sample?

Answer 33

Where hair samples are taken for the purpose of DNA analysis, the suspect should be permitted as to a reasonable choice, the part of the body the hairs are taken from. When hairs are plucked, they should be plucked individually, unless the suspect prefers otherwise and no more should be plucked than the person plucking them reasonably considers necessary for a sufficient sample.

Question 34

Q: What are the rules for the removal of clothing to take intimate and non-intimate samples?

Answer 34

When clothing needs to be removed, no person of the opposite sex other than a medic may be present. Nobody else should be present if not required.
In the case of a juvenile or vulnerable person, an appropriate adult of the opposite sex may remain present, but only if requested by the juvenile or vulnerable person.
Juvenile- removal of clothing should only take place in the presence of the appropriate adult unless the juvenile signifies in their presence that they would prefer their absence, and the adult agrees.