ABSTRACT
The taking of forensic samples from suspects is an important aspect of police duties in the detection of crime. One of the most well known is the police power under the Road Traffic Act 1988 to require a person to provide a specimen of breath, urine or blood in cases of suspected drink-driving. The power to take samples from suspects under the common law was significantly extended by PACE; as a result of amendments under the Criminal Justice and Public Order Act 1994, arising from the development of DNA profiling in particular, the legal rules regarding the taking and retention of samples are contained under the amended provisions of ss 62-65 of PACE (augmented by Section 5 of Code D). Forensic samples are either classed as intimate or nonintimate. Those which are non-intimate may be taken by force if necessary, whereas intimate samples cannot, although any refusal to provide the latter may result in the court drawing inferences which may corroborate any evidence against that person.23
