Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

36.

Use of reasonable force to take sample from offender or child offender

36. (1) Without prejudice to the generality of section 31 , where an offender who is in prison fails or refuses to allow a sample to be taken from him or her pursuant to that section, a prison officer and the prison officer or officers assisting that officer, may use such force as is reasonably considered necessary to take the sample or to prevent the loss, destruction or contamination of the sample or both.

(2) Without prejudice to the generality of section 32 , where a child offender who is detained in a children detention school or a place of detention fails or refuses to allow a sample to be taken from him or her pursuant to that section—

(a) an authorised member of the staff of a children detention school and the authorised member or members of the staff of the school assisting that member of the staff, or

(b) a prison officer of a place of detention and the prison officer or officers assisting that officer,

as the case may be, may use such force as is reasonably considered necessary to take the sample or to prevent the loss, destruction or contamination of the sample or both.

(3) The power referred to in subsection (1) or (2) shall not be exercised, as may be appropriate, by—

(a) a prison officer, unless the governor of the prison authorises it,

(b) an authorised member of the staff of a children detention school, unless the Director of the school authorises it, or

(c) a prison officer of a place of detention, unless the governor of the place of detention authorises it.

(4) Where it is intended to exercise the power conferred by subsection (1) or (2), one of the prison officers or the authorised members of the staff of the children detention school or the prison officers of the place of detention, as the case may be, concerned shall inform the offender or child offender concerned—

(a) of that intention, and

(b) that an authorisation to do so has been given under subsection (3).

(5) A sample to be taken pursuant to this section shall be taken—

(a) in the presence of the governor of the prison, if taken by a prison officer,

(b) in the presence of the Director of a children detention school, if taken by an authorised member of the staff of the school, or

(c) in the presence of the governor of a place of detention, if taken by a prison officer of the place of detention.

(6) In relation to the exercise of the powers conferred by subsections (1) and (2)

(a) the governor of the prison, in the case of prison officers,

(b) the Director of the children detention school, in the case of authorised members of the staff of the school, and

(c) the governor of the place of detention, in the case of prison officers of the place of detention,

who is present under subsection (5) for the taking of a sample pursuant to this section, shall determine the number of prison officers, authorised members of the staff of the school or prison officers of the place of detention, as the case may be, that is reasonably necessary for the purposes of subsection (1) or (2), as the case may be.

(7) The taking of a sample pursuant to this section shall be recorded by electronic or similar means.