Intimate Samples

Intimate Samples

1. Legal Authority?

   • Criteria to be met?
     • Met on the facts?
       • How should the exercise of the power be carried out?
         • Conducted correctly?
           • Conclusion
             • Additional Issues
               • Reviews of Sam’s detention should take place periodically.
                 • s. 40
               • The first review should take place no later than six hours after detention was first authorised and subsequent reviews at intervals of not more than nine hours.
               • Detention was authorised at 11.40. The first review should take place no later than 17.40. The custody record does not reflect this.
               • Sam was placed in a cell at 14.03. COP C paragraph 9.3 says that detainees should be visited at least every hour; he is first visited at 15.40.
                 • COP C paragraph 9.3
             • Unlawful
           • Need the consent of Sam. Cannot use reasonable force.
           • If the blood sample is taken without consent and with force it will be an assault.
         • The sample can only be taken by a registered medical practitioner or health care professional.
           • s. 62(9A)
         • Authorisation and consent must be in writing
           • s. 62 (3) and (4))
         • The suspect must be warned that if they refuse to give consent their refusal may harm their case if it comes to trial
           • COP D paragraph 6.3
           • COP D NFG 6D
       • ABH is recordable.
       • Sam is suspected in the involvement.
       • Authorised by custody sergeant not inspector.
       • No probative value. The victim accepts the blood on her shirt is hers. ID does not appear to be in issue.
     • Intimate samples can only be taken if the suspect consents and an inspector has reasonable grounds for suspecting the involvement of the suspect in a recordable offence and for believing that the sample will tend to confirm or disprove his involvement.
       • Section 62
   • Blood is an intimate sample
     • s. 65
   • Section 62 governs procedure for taking intimate samples.