DNA & Fingerprints Rights — Defence Solicitor Guide

What Samples Can Police Take?

There are different categories of samples in law, with different rules for each (fingerprints, non‑intimate samples, and intimate samples).^{[1] [2] [3] [4]}

Fingerprints

PACE section 61 governs fingerprinting and includes cases where fingerprints may be taken without “appropriate consent” (with consent rules also addressed in the section).^[1]

Non-Intimate Samples

• DNA mouth swab – rubbed inside cheek
• Hair samples (excluding pubic hair) – including roots
• Swabs from external body surfaces – not body orifices
• Footprints – less common but possible

PACE section 63 governs non‑intimate samples and includes circumstances where they may be taken without “appropriate consent”.^[2] Terms (including “non‑intimate sample” and “appropriate consent”) are addressed in section 65.^[4]

Intimate Samples

• Blood
• Semen
• Urine
• Pubic hair
• Swabs from body orifices (except mouth)
• Dental impressions

PACE section 62 provides that an intimate sample may be taken from a person in police detention only if authorisation and “appropriate consent” requirements are met (subject to the section).^[3] Definitions are in section 65.^[4]

Your Rights When Samples Are Taken

• Different rules apply depending on whether it is fingerprints, an intimate sample, or a non‑intimate sample.^{[1] [2] [3] [4]}
• Intimate samples have additional statutory safeguards (including consent/authorisation requirements).^[3]