Police and Criminal Evidence Act 1984, section 62

Intimate samples

Part V Questioning and Treatment of Persons by Police

(1)[F496 Subject to section 63B belowF496] An intimate sample may be taken from a person in police detention only—

(a)if a police officer of at least the rank of [F497inspectorF497] authorises it to be taken; and

(b)if the appropriate consent is given.

[F498 (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 [F497 inspectorF497] authorises it to be taken; and

(b)if the appropriate consent is given.F498]

(2)An officer may only give an authorisation [F499under subsection (1) or (1A) aboveF499] if he has reasonable grounds—

(a)for suspecting the involvement of the person from whom the sample is to be taken in a [F500recordable offenceF500] ; and

(b)for believing that the sample will tend to confirm or disprove his involvement.

[F501 (2A)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.

(2B)An officer may only give an authorisation under subsection (2A) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.F501]

(3)An officer may give an authorisation under subsection (1) [F502or (1A)F502][F503 or (2A)F503] above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(4)The appropriate consent must be given in writing.

[F504 (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.

(6)The reason referred to in subsection (5)(a) above must include, except in a case where the sample is taken under subsection (2A) above, a statement of the nature of the offence in which it is suspected that the person has been involved.

(7)After an intimate sample has been taken from a person, the following shall be recorded as soon as practicable—

(a)the matters referred to in subsection (5)(a) and (b) above;

(b)if the sample was taken at a police station, the fact that the person has been informed as specified in subsection (5)(c) above; and

(c)the fact that the appropriate consent was given.F504]

(8)F505If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (7) ... above shall be recorded in his custody record.

[F506 (9)In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.

(9A)In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—

(a)a registered medical practitioner; or

(b)a registered health care professional.F506]

(10)Where the appropriate consent to the taking of an intimate sample from person was refused without good cause, in any proceedings against that person for an offence—

(a)the court, in determining—

F507(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)whether there is a case to answer; and

[F508 (aa)a judge, in deciding whether to grant an application made by the accused under [F509 paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); andF509,F508]]

(b)the court or jury, in determining whether that person is guilty of the offence charged,

F510may draw such inferences from the refusal as appear proper ... .

(11)Nothing in this section [F511applies to the taking of a specimen for the purposes of any of the provisions ofF511][F512 sections 4 to 11 of the Road Traffic Act 1988F512][F513 or of sections 26 to 38 of the Transport and Works Act 1992F513] .

[F514 (12)Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.F514]

[F515 (13)Nothing in this section applies to a person detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under Part 2 of that Schedule.F515]

[F516 (14)Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 6 to that Act.F516]

Definitions used in section 62 11

intimate sample

“intimate sample” means—

(a)

a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(b)

a dental impression;

(c)

a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth;

Defined in s.65(1) · see it in the full Act
appropriate consent

“appropriate consent” means—

(a)

in relation to a person who has attained the age of 18 years , the consent of that person;

(b)

in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and

(c)

in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;

Defined in s.65(1) · see it in the full Act
offence

“offence”, in relation to any country or territory outside England and Wales, includes an act punishable under the law of that country or territory, however it is described;

Defined in s.65(1) · see it in the full Act
non-intimate sample

“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 other than a part from which a swab taken would be an intimate sample;

(d)

saliva;

(e)

a skin impression;

Defined in s.65(1) · see it in the full Act
analysis

“analysis”, in relation to a skin impression, includes comparison and matching;

Defined in s.65(1) · see it in the full Act
insufficient

“sufficient” and “insufficient”, in relation to a sample, means (subject to subsection (2) below) sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample ;

Defined in s.65(1) · see it in the full Act
recordable offence

“recordable offence” means any offence to which regulations under section 27 above apply;

Defined in s.118(1) · see it in the full Act
speculative search

“speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in section 63A(1) above;

Defined in s.65(1) · see it in the full Act
registered dentist

“registered dentist” has the same meaning as in the Dentists Act 1984;

Defined in s.65(1) · see it in the full Act
registered health care professional

“registered health care professional” means a person (other than a medical practitioner) who is—

(a)

a registered nurse; or

(b)

a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;

Defined in s.65(1) · see it in the full Act
the terrorism provisions

“the terrorism provisions” means sections 41 and 43B of the Terrorism Act 2000 , and any provision of Schedule 7 to that Act conferring a power of detention; and

Defined in s.65(1) · see it in the full Act

Cases considering section 62 3

Anthony Owens v Chief Constable of Merseyside Police

[2021] EWHC 3119 (QB) · 11 November 2021Interprets

Section 62 was contrasted with section 65 because the definition of an intimate sample extends to matters such as pubic hair and genital swabs. The contrast supported the conclusion that Parliament gave intimate search a narrower, orifice-focused meaning. (see para [26])

R (S) v Chief Constable of the South Yorkshire Police (R (Marper) v Chief Constable of the South Yorkshire Police)

[2002] EWCA Civ 1275 · 12 September 2002Defines

Section 62 was identified as containing restrictions on the taking of intimate samples, alongside section 63. It illustrated the statutory code governing the taking of samples, without independently deciding the retention issue. (see “The Legislation”)

Sex Matters, R (on the application of) v National Police Chiefs' Council & Anor

[2026] EWHC 1954 (Admin) · 31 July 2026

Cited as an example of a procedure which generally requires consent, subject to the statutory qualification in section 63B. (see para [54])

What each judgment says about section 62 is in the case-law panel in the full Act.

Amendments and notes

27 notes from legislation.gov.uk

Amendments

  1. F496Words in s. 62 inserted (20.6.2001 for specified purposes and otherwise 2.7.2001) by 2000 c. 43, s. 74, Sch. 7 para. 78; S.I. 2001/2232, art. 2(k)(m)(i)
  2. F497Word in s. 62(1)(a)(1A)(a) substituted (1.4.2003) by 2001 c. 16, ss. 80(1), 138(2); S.I. 2003/708, art. 2(h)
  3. F498S. 62(1A) inserted (10.4.1995) by 1994 c. 33, s. 54(2); S.I. 1995/721, art. 2, Sch.
  4. F499Words in s. 62(2) inserted (10.4.1995) by 1994 c. 33, s. 54(3)(a); S.I. 1995/721, art. 2, Sch.
  5. F500Words in s. 62(2)(a) substituted (10.4.1995) by 1994 c. 33, s. 54(3)(b); S.I. 1995/721, art. 2, Sch.
  6. F501S. 62(2A)(2B) inserted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 3(2), 59(1); S.I. 2011/414, art. 2(b)
  7. F502Words in s. 62(3) inserted (10.4.1995) by 1994 c. 33, s. 54(4); S.I. 1995/721, art. 2, Sch.
  8. F503Words in s. 62(3) inserted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 3(3), 59(1); S.I. 2011/414, art. 2(b)
  9. F504S. 62(5)-(7) substituted for s. 62(5)-(7A) (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 4(4), 59(1); S.I. 2011/414, art. 2(b)
  10. F505Words in s. 62(8) repealed (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 4(5), 59(1); S.I. 2011/414, art. 2(b)
  11. F506S. 62(9)(9A) substituted (1.4.2003) for s. 62(9) by Police Reform Act 2002 (c. 30), ss. 54(1), 108(2)-(5); S.I. 2003/808, art. 2(e)
  12. F507S. 62(10)(a)(i) repealed (18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 56(2)(a), Sch. 37 Pt. 4; S.I. 2012/1320, art. 4(1)(c)(d)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c)(d), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(d)(2)(3) (with arts. 3 4) text repealed for certain specified purposes only, see the commentary.
  13. F508S. 62(10)(aa) inserted (3.2.1995) by 1994 c. 33, s. 168(3), Sch. 9 para. 24; S.I. 1995/127, art. 2(1), Sch. Appendix A
  14. F509Words in s. 62(10)(aa) substituted for s. 62(10)(aa)(i)(ii) (9.5.2005 for specified purposes, 18.6.2012 for specified purposes, 5.11.2012 for specified purposes, 28.5.2013 for specified purposes) by Criminal Justice Act 2003 (c. 44), s. 336(3)(4), Sch. 3 para. 56(2)(b); S.I. 2005/1267, art. 2(1)(2)(a), Sch. Pt. 1; S.I. 2012/1320, art. 4(1)(c)(2)(3) (with art. 5) (see S.I. 2012/2574, art. 4(2) and S.I. 2013/1103, art. 4); S.I. 2012/2574, art. 2(2)(3)(c), Sch. (with arts. 3 4) (as amended (4.11.2012) by S.I. 2012/2761, art. 2) (with S.I. 2013/1103, art. 4); S.I. 2013/1103, art. 2(1)(c)(2)(3) (with arts. 3 4) text substituted for certain specified purposes only, see the commentary. Note: in some cases two versions of the measure may be present: the original version and substituted version.
  15. F510Words in s. 62(10) repealed (10.4.1995) by 1994 c. 33, s. 168(3), Sch. 11; S.I. 1995/721, art. 2, Sch. Appendix B
  16. F511Words in s. 62(11) substituted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 53(2)(a), 108(2)-(5); S.I. 2003/808, art. 2(d)
  17. F512Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 27(4)
  18. F513Words in s. 62(11) inserted (1.4.2003) by Police Reform Act 2002 (c. 30), ss. 53(2)(b), 108(2)-(5); S.I. 2003/808, art. 2(d)
  19. F514S. 62(12) substituted (19.2.2001) by 2000 c. 11, s. 125, Sch. 15 para. 8 (with s. 129(1)); S.I. 2001/421, art. 2
  20. F515S. 62(13) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 18(7); S.I. 2020/792, reg. 2(i)
  21. F516S. 62(14) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 7(4)

Modifications

  1. C502S. 62 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2 and 1985/1882, art. 7
  2. C503S. 62 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(2)(3); s. 62 modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4
  3. C504S. 62 applied (with modifications) (31.12.2006) by The Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 (S.I. 2006/2015), arts. 2, 3, Schs. 1-3
  4. C505S. 62 applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)
  5. C506S. 62(1)(2) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)
  6. C507S. 62(3)-(12) applied (with modifications) (25.6.2013) by The Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013 (S.I. 2013/1542), arts. 1, 12(2)-(4), Sch. 2 (with arts. 13-31)