Criminal Investigations (Bodily Samples) Act 1995

9 Consent to taking of bodily sample

(1)

No consent to the taking of a bodily sample in response to a suspect request shall be valid unless—

(a)

it is in writing and signed by the person giving the consent; or

(b)

it is given orally and recorded on a video record.

(2)

Where any such consent is in writing, the consent shall be signified on the notice required by section 6(2)(a) to be handed to the suspect at the time of the making of the suspect request, or on a copy of that notice.

(3)

Where any such consent is recorded on a video record, the video record must clearly show,—

(a)

in the case of a consent given by a suspect,—

(i)

the making of the suspect request to the suspect; and

(ii)

the handing to the suspect of the notice required by section 6(2)(a) of this Act; and

(iii)

the giving of consent to the taking of the sample:

(b)

in the case of a consent given by a parent of a suspect,—

(i)

the giving to that person of the copy of the notice required by section 6(2)(a), as required by section 8(2)(a), or an acknowledgement by that person that a copy of that notice has been so given to him or her; and

(ii)

the giving of consent to the taking of a sample from the suspect.

Section 9 heading: amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 9(1): amended, on 15 April 2004, by section 6 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).

Section 9(1)(b): amended, on 27 March 2008, by section 5(1) of the Criminal Investigations (Bodily Samples) Amendment Act 2008 (2008 No 9).

Section 9(3): amended, on 27 March 2008, by section 5(2) of the Criminal Investigations (Bodily Samples) Amendment Act 2008 (2008 No 9).

Section 9(3)(b)(i): amended, on 15 April 2004, by section 12 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).