Correct on the date of publication - 15 April 2024

Question: 

We are dealing with an attack on a woman where she was bitten by the offender. The injury has been photographed. Can I oblige a suspect to give me a dental impression?

Answer:

Dental impressions are classed as an intimate sample under section 65 of PACE. Code of Practice D, at paragraph 6.2, explains the procedure for authorising, taking and obtaining of intimate samples, including dental impressions.
Assuming the offence you are investigating is a recordable offence, then section 62 PACE provides the power to take a dental impression from the suspect. Where the suspect is in police detention then section 62 and paragraph 6.2 of Code D stipulates that such a sample can be taken -
 

  • if a police officer of inspector rank or above has reasonable grounds to believe such an impression or sample will tend to confirm or disprove the suspect's involvement in a recordable offence, and gives authorisation for a sample to be taken; and
  • the suspect has provided written consent.

Where the suspect is not in police detention, an intimate sample can only be taken if during the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient. The requirement for an inspector’s authority and the written consent of the suspect is also required in this situation.
 
As with any intimate sample, before it is taken from a person, an officer shall inform him/her of the following (section 62(5)) -
 
  • the reason for taking the sample;
  • the fact that authorisation has been given and the provision of this section under which it has been given; and
  • if the sample was taken at a police station, the fact that the sample may be the subject of a speculative search.


You will note from the above that consent of the suspect is always required to take an intimate sample. You therefore cannot compel a person to provide a dental impression. However, the court can draw adverse inferences from a refusal to provide a sample without good cause (section 62(10)). As a result, paragraph 6.3 of Code D states that the suspect must be warned that if they refuse without good cause their refusal may harm their case if it comes to trial.
 
Finally, section 62(9) dictates that a dental impression may only be taken from a person by a registered dentist.
 
See also other Q&As on the topic of biometrics/photographs.