Arrest to have a sample taken

Under a power inserted into PACE by the Criminal Justice and Public Order Act 1994, the police may arrest you in order to take samples which could have been taken whilst you were in detention for a recordable offence. The following conditions must apply:

  • You must either have been charged or convicted of the offence and either not have had a sample taken or the sample was unsuitable or insufficient.
  • You must have failed to comply with a request to attend a police station in order to have a sample taken.
This power is likely to be used where the police need to conduct a DNA analysis.
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