Intimate samples where the suspect is not in police custody

Under s 62(1A) an intimate sample may be taken from a person not in police custody but from whom in the course of an investigation for an offence, two or more non-intimate samples have been taken for the same analysis which have proved insufficient. The sample may be taken where:

• if a police officer of at least the rank of superintendent authorises it to be taken; and

• the suspect consents.