Police Dna Mouth Swab

[Jahulaye]

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.

[dannyk13]

Explained here:-
http://communitylaw.org.nz/community-law-manual/chapter-30-police-powers/dna-samples-when-you-have-to-give-a-sample-chapter-30/

[jno]

They charge you with refusing. Up to ?£3000 fine, I think. But if you're only a suspect they need a court order.

[Flonska]

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.

https://www.gov.uk/arrested-your-rights/giving-fingerprints-photographs-and-samples

[jno]

Hmmm, looks like Danny and I have checked the same antipodean source, which may not apply to the friendly British Bobby.

[Jahulaye]

“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?

[Jahulaye]

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?

[jno]

Looks as though they can just pull your hair out without permission and test it.

[dannyk13]

Yes
https://www.justanswer.com/uk-law/2ovc5-happens-refuse-give-dna-sample.html

[ummmm]

Why would they want your DNA?

[bhg481]

To prove your presence in a particular location - DNA found there can be matched with yours.

[Jahulaye]

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)

[jno]

At a guess, to check against DNA found at a crime scene.

[ummmm]

That's my point. They wouldn't want your DNA unless a crime has been committed.

[Jahulaye]

“Why would they want your DNA?”

I think when you’re suspected of a serious offence or if they find dna at a crime scene.

[Flonska]

In the UK, it appears that if an arrested person refuses to allow the mouth swab, the police are entitled to take one by force.

[dannyk13]

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.

[Flonska]

However, in the UK, the police need both permission and the authority of a senior police officer to take samples like blood or urine, or to take dental impressions. The exception to this is when they take a blood or urine sample in connection with drink or drug driving. 


[Jahulaye]

If you refuses blood or urine sample I guess that they can’t overpower you for those samples so is it then a default prison sentence?

[Jahulaye]

Some regard the police as p*** takers but in those circumstances they can’t extract the urine, lol

[ummmm]

I know this, Danny, but I'm just wondering why the question. If you refuse a breathyliser you'll be charged with drink driving as then it's assumed. Other crimes I presume they'd just arrest you. It's not hard to get someone's DNA.