Non-intimate Samples

Non-intimate Samples

1. Legal Authority

   • Criteria to be met?
     • Met on the facts?
       • How should the exercise of the power be carried out?
         • Has it been exercised/conducted correctly?
           • Conclusion?
             • Technically unlawful
           • The custody record does not indicate that Sam has been warned that the fingerprints and DNA sample may be the subject of a speculative search
             • COP D NFG 4B
         • Suspect must be warned that the fingerprints may be the subject of a speculative search
           • s. 61 (7A)
         • Suspect must be warned that the sample may be the subject of a speculative search
           • s. 63 (8B)
       • The criteria are satisfied.
       • ABH is recordable.
       • Recordable offences are defined in COP D NFG 4
     • Fingerprints:
       • Can be taken with consent
         • s.61
       • Can also be taken without consent if the suspect is arrested for a recordable offence and he has not already had his fingerprints taken in the course of the investigation.
         • s. 61(3)
     • Non-intimate samples:
       • Mouth swab is a non-intimate sample
         • s. 65
       • Section 63 governs procedure for taking non–intimate samples
       • Can be taken with consent
         • s. 63
       • Can also be taken without consent if the suspect is arrested for a recordable offence and he has not already had a similar sample taken in the course of the investigation.
         • s. 63(2A)(2B)(2C)
   • Police can take a suspect’s fingerprints.
     • s. 61
   • Police can take a non-intimate sample
     • s. 63
   • Photographs can be taken of any person detained in a police station
     • s. 64A