The powers library36 of 59 Detention and custody

Taking non-intimate samples without consent

s.63Police and Criminal Evidence Act 1984

Lets any constable take a non-intimate sample, such as a mouth swab or hair, without consent from a person arrested, charged, reported or convicted for a recordable offence, where the law's conditions are met.

Taking non-intimate samples without consent · Police and Criminal Evidence Act 1984, s.63Card 36 / 59

When you can use it

s.63(1)–(2)The appropriate consent, which must be in writing, has not been given
s.63(2A)–(2C)In police detention after arrest for a recordable offence, and no sample of the same type and body part taken in the investigation, or it proved insufficient
s.63(3)–(4)Held in police custody on a court's authority, and an inspector authorises it on reasonable grounds to suspect involvement in a recordable offence and believe the sample will tend to confirm or disprove it
s.63(3ZA)Arrested for a recordable offence and released, and no sample of the same type and body part taken in the investigation, or it was unsuitable or insufficient, or destroyed before an interrupted investigation resumed
s.63(3A)Charged with or told they will be reported for a recordable offence, and no sample taken, or it was unsuitable or insufficient, or it was destroyed and a DNA profile from it is disputed
s.63(3B)–(3BC)Convicted of, or cautioned (with admission) for, a recordable offence, no suitable sample since, and an inspector is satisfied it is necessary to help prevent or detect crime
s.63(3C) and (3E)–(3H)Detained after a finding of insanity or unfitness to plead; or convicted abroad of an offence that would be a qualifying offence here, with inspector's authority
s.63(10)–(11)Not for a person held under the terrorism provisions, s.27 National Security Act 2023, or an extradition arrest power

What it allows

Take a non-intimate sample from the person without their consent. Any constable may do it (s.63(9ZA)).
Use reasonable force if necessary (Code D para 6.7).
Take hair by cutting, or by plucking with the roots, but pluck no more than reasonably necessary (s.63A(2)).
Take the sample in a prison if needed (s.63A(3)).

Key definitions

Non-intimate sample – s.65: hair other than pubic hair, a sample from or under a nail, a swab from any non-intimate part of the body (including the mouth), saliva, or a skin impression (not a fingerprint).
Appropriate consent – s.65: aged 18 or over, the person; aged 14 to 17, the person and a parent or guardian; under 14, a parent or guardian.
Insufficient – s.65(2): not enough in quantity or quality for analysis, including where it was lost, damaged or contaminated.
Unsuitable – Code D Note 6B: by its nature, the sample cannot be used for that type of analysis.

Safeguards

Before taking it, tell the person the reason (including the nature of the suspected offence), the power used, and that any authority has been given (s.63(6)–(7), Code D para 6.8(a)).
Tell them the sample may be the subject of a speculative search and may be retained (s.63(8B), Code D para 6.8(b)).
Record these as soon as practicable, in the custody record if detained (s.63(9), Code D para 6.10). Record any force used and who was present (para 6.10A).
An inspector’s oral authority under s.63(3) must be confirmed in writing as soon as practicable (s.63(5)).
If clothing must be removed in a way likely to embarrass, no one of the opposite sex may be present except a doctor or health care professional (Code D para 6.9).

Good to know

A constable may require a person to attend a police station for a sample (s.63A(4) and Sch.2A). Time limits apply (Sch.2A paras 9–11): six months in most arrest or charge cases, and two years after conviction or caution, with no limit for a qualifying offence.
Failing to attend as required allows arrest without warrant (Sch.2A para 17).
Exam trap: a mouth swab is non-intimate. A swab from the genitals or any other body orifice is an intimate sample (s.65), which needs an inspector’s authority and written consent (s.62).

Legislation: Police and Criminal Evidence Act 1984, s.63 (opens legislation.gov.uk in a new tab)
Who can use it: A constable (inspector's authority in some cases)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Taking non-intimate samples without consent: questions people ask

When can the police use taking non-intimate samples without consent?

1. The appropriate consent, which must be in writing, has not been given 2. In police detention after arrest for a recordable offence, and no sample of the same type and body part taken in the investigation, or it proved insufficient 3. Held in police custody on a court's authority, and an inspector authorises it on reasonable grounds to suspect involvement in a recordable offence and believe the sample will tend to confirm or disprove it 4. Arrested for a recordable offence and released, and no sample of the same type and body part taken in the investigation, or it was unsuitable or insufficient, or destroyed before an interrupted investigation resumed 5. Charged with or told they will be reported for a recordable offence, and no sample taken, or it was unsuitable or insufficient, or it was destroyed and a DNA profile from it is disputed 6. Convicted of, or cautioned (with admission) for, a recordable offence, no suitable sample since, and an inspector is satisfied it is necessary to help prevent or detect crime 7. Detained after a finding of insanity or unfitness to plead; or convicted abroad of an offence that would be a qualifying offence here, with inspector's authority 8. Not for a person held under the terrorism provisions, s.27 National Security Act 2023, or an extradition arrest power

Who can use taking non-intimate samples without consent?

A constable (inspector's authority in some cases)

What law gives the power for taking non-intimate samples without consent?

Police and Criminal Evidence Act 1984, s.63.

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