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Intimate Sample (PACE)

Definition

Under the Police and Criminal Evidence Act 1984, a sample of blood, semen, or any other tissue fluid, urine, or pubic hair, or a swab taken from a body orifice, or a dental impression. Requires written consent and senior officer authorisation.

Governing statute
Police and Criminal Evidence Act 1984 (England & Wales)
Includes
Blood, semen, tissue fluid, urine, pubic hair, orifice swab, dental impression
Authorisation needed
Written consent plus senior officer authorisation

Common questions

What happens if a suspect refuses consent?+

Refusal without good cause cannot be overridden by force for most intimate sample categories under PACE, but the refusal itself can be treated as potentially adverse in later court proceedings.

How does this differ from a non-intimate sample?+

Non-intimate samples such as head hair, fingernail scrapings or a mouth swab can be taken under lower-level authorisation and, in defined circumstances, without the suspect's consent.

Related terms

Bodily Autonomy
The principle that a person has sovereign control over their own body and cannot be subjected to physical interference without their consent...
Medical Examination Order
Under the Bharatiya Nagarik Suraksha Sanhita 2023, a court or magistrate may direct that an accused person be examined by a registered...
Non-Intimate Sample (PACE)
Under PACE 1984, a sample of hair (other than pubic hair), nail clippings, saliva, a swab from a non-intimate external body surface,...
Schmerber Doctrine
The rule from Schmerber v. California (1966) that a compelled blood draw does not violate the Fifth Amendment privilege against self-incrimination because...
Testimonial Evidence
Evidence that communicates a fact through the suspect's own mental process or assertion, for example a confession, a password, or a document...

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