Quizzes & Puzzles1 min ago
Police Dna Mouth Swab
What happens if you refuse to give a dna swab sample?
I’ll guess the that they don’t overpower you and force things in your mouth.
I’ll guess the that they don’t overpower you and force things in your mouth.
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Upon arrest in the UK, it appears that the police have the right to take a DNA sample and do not need permission to do so.
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“However, if you refuse, the police can apply to a judge for a court order requiring you to give the sample (a “compulsion order”).”
“
A compulsion order is a court order that legally requires you to give the police a DNA sample.
The police can apply to a District Court judge for a compulsion order sample if they have good reason to suspect you’ve committed a criminal offence for which you could be jailed, and you’ve refused to give them a sample. Only senior police officers can apply for these orders (an Inspector or higher).
The police have to send you a notice telling you they’ve applied for the order. You then have the right to go to court and argue against their application for the compulsion order; you can bring witnesses and evidence in your support if you want.“
“If the District Court judge orders you to give the police a DNA sample, the order will say when and where you have to go to give the sample. You can take a lawyer or a support person with you.”
If someone’s refused to give a dna sample I doubt then that they’re going to walk into a police station to give, ordered by a judge or so then what happens?
“
A compulsion order is a court order that legally requires you to give the police a DNA sample.
The police can apply to a District Court judge for a compulsion order sample if they have good reason to suspect you’ve committed a criminal offence for which you could be jailed, and you’ve refused to give them a sample. Only senior police officers can apply for these orders (an Inspector or higher).
The police have to send you a notice telling you they’ve applied for the order. You then have the right to go to court and argue against their application for the compulsion order; you can bring witnesses and evidence in your support if you want.“
“If the District Court judge orders you to give the police a DNA sample, the order will say when and where you have to go to give the sample. You can take a lawyer or a support person with you.”
If someone’s refused to give a dna sample I doubt then that they’re going to walk into a police station to give, ordered by a judge or so then what happens?
Aha, flonska, your link says this “The police have the right to take photographs of you. They can also take fingerprints and a DNA sample (eg from a mouth swab or head hair root) from you as well as swab the skin surface of your hands and arms. They don’t need your permission to do this.”
So does this mean that they can use brute force to get a swab?
So does this mean that they can use brute force to get a swab?
Jno but what if you’re a bald guy? Then they have to get a team of the biggest burly policemen to attack you and force your mouth open and jam a device into it?
Sounds like the potential to become another death in police custody if dealing with a difficult prisoner ( which was how this question came about, a person saying they wouldn’t let the police swab their mouth)
Sounds like the potential to become another death in police custody if dealing with a difficult prisoner ( which was how this question came about, a person saying they wouldn’t let the police swab their mouth)
ummmm, Just to clarify the position:-
If someone has been arrested or charged with a recordable offence or informed that they will be reported for a recordable offence, police are also allowed to take an impression of a person’s footwear without consent, a DNA sample (eg, from a mouth swab or head hair root), as well as swab the skin surface of their hands and arms.
If someone has been arrested or charged with a recordable offence or informed that they will be reported for a recordable offence, police are also allowed to take an impression of a person’s footwear without consent, a DNA sample (eg, from a mouth swab or head hair root), as well as swab the skin surface of their hands and arms.
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