Non-Intimate Sample (PACE)
Definition
Under PACE 1984, a sample of hair (other than pubic hair), nail clippings, saliva, a swab from a non-intimate external body surface, or a footprint. May be taken without consent in defined circumstances with superintendent-level authorisation.
- Governing law
- Police and Criminal Evidence Act 1984 (England and Wales)
- Typical samples
- Non-pubic hair, nail clippings, saliva, external body swab, footprint
- Consent
- Can be taken without consent in defined circumstances
- Authorisation
- Requires a police officer of at least superintendent rank
Common questions
How does a non-intimate sample differ from an intimate sample under PACE?+
An intimate sample covers blood, semen, urine, dental impressions, and swabs from a body orifice other than the mouth, and always needs either consent or a more senior authorisation route, while non-intimate samples cover external, lower-invasiveness material and can be taken without consent once a superintendent authorises it.
Can refusal to give a non-intimate sample be held against a suspect?+
PACE does not require consent for a non-intimate sample once an officer of at least superintendent rank has authorised it, so unlike an intimate sample, where refusal without good cause can support an adverse inference, a non-intimate sample can simply be taken by reasonable force if the suspect will not cooperate.
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