This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Explore police powers to take DNA samples in England and Wales, including when non‑intimate samples can be taken without consent, the distinction with intimate samples, statutory safeguards, retention and destruction rules under PACE and the Protection of Freedoms Act, and your rights in the process.
Police powers to take DNA samples are a key element of criminal investigations in England and Wales. DNA can link a suspect to a crime scene, help confirm identity, or rule someone out of an investigation. However, these powers are governed by specific legislation and safeguards to ensure that samples are taken lawfully and used appropriately. This article explains when and how police may take DNA samples, the distinction between different types of samples, how samples are retained or destroyed, and what rights individuals have in practice.
The Legal Framework Governing DNA Sample Powers
Police powers to take DNA samples derive from the Police and Criminal Evidence Act 1984 (PACE). Section 63 of PACE sets out the authority for taking non‑intimate DNA samples, which include samples such as a swab from the inside of the mouth, hair (apart from pubic hair with roots), or swabs from skin surfaces, without the person's appropriate consent in defined circumstances.
DNA legislation has evolved over time with later amending statutes, including the Criminal Justice Act 2003 and the Protection of Freedoms Act 2012, adjusting how samples and DNA profiles are retained by police and databases after they are taken.
Types of DNA Samples and Consent Requirements
The law distinguishes between non‑intimate samples and intimate samples:
Non‑Intimate Samples
Non‑intimate samples are those collected in a relatively non‑invasive way - commonly a mouth (buccal) swab. Non‑intimate DNA samples may be taken without a person's written consent if the conditions in PACE are met, such as when someone is lawfully detained at a police station after arrest for a recordable offence, or when a senior officer has authorised the sample because its collection is necessary to assist in the prevention or detection of crime.
Intimate Samples
Intimate samples are more invasive and include blood, semen, urine, pubic hair, or swabs from a body orifice other than the mouth. These require appropriate consent in writing and authorisation by a senior police officer before being taken under PACE. Police must also comply with additional procedural safeguards before.
When Police Can Take DNA Samples Without Consent
Police powers allow non‑intimate DNA samples to be taken without written consent in circumstances authorised by law:
1. After Arrest for a Recordable Offence
If a person is arrested and detained at a police station for a recordable offence - an offence where records must be kept, such as those punishable by imprisonment - police can take a non‑intimate DNA sample without consent under PACE.
2. With Statutory Authorisation
Even if a person is not detained at a police station, a PACE power can allow an attendance notice to be served requiring them to attend a police station to give a DNA sample. If the person fails to comply, this can lead to arrest without warrant to obtain the sample.
3. For Identification Purposes
Police may also take non‑intimate samples without consent where an officer reasonably believes it will assist the prevention or detection of crime and authorises the sample under statutory powers, as reflected in the Codes of Practice. Officers must explain the lawful basis for the sample.
In all these situations, consent is not required for non‑intimate samples, although police generally seek cooperation. The lack of consent does not make the taking unlawful if the statutory conditions are met.
Rights and Practical Safeguards
Informing the Individual
Before taking a sample under PACE, police must inform the person of the reason for the sample, the legal power being exercised, and how their DNA profile may be used, including checking against other records and databases.
Appropriate Adult and Vulnerability
If the person is under 18 or considered a vulnerable adult, an appropriate adult should normally be present during the process to safeguard their interests and understanding.
Use and Disclosure
DNA profiles generated from samples are stored and searched on the National DNA Database (NDNAD) for investigative purposes. Matches (or “hits”) can link individuals to unsolved crimes or ongoing investigations.
Retention and Destruction of DNA Samples
DNA Samples vs DNA Profiles
Under current law, DNA samples themselves must be destroyed after a DNA profile has been successfully generated and within six months of taking the sample unless the sample is retained under the Criminal Procedure and Investigations Act 1996 (CPIA) for disclosure as evidence. DNA samples are not typically retained indefinitely.
In contrast, DNA profiles - the numerical representation used for searches - may be retained on the national database under the retention regime established by the Protection of Freedoms Act 2012. This regime sets specific retention periods depending on the circumstances of arrest, charge, conviction, or disposal and may involve review by the Biometrics Commissioner.
Retention Categories
Retention depends on whether the offence is a qualifying offence (serious violent, sexual, terrorism, burglary), a minor offence, or whether the person was convicted or not charged. Profiles may be held indefinitely for serious convictions or for specified periods and subject to extension applications. Applications to retain profiles where no conviction occurs are reviewed by the Biometrics Commissioner and, if granted, can last up to three years, with possible further extension by a magistrate.
Practical Steps and Considerations
Attending for DNA Sampling
If police serve a notice requiring attendance at a police station for a DNA sample, it is important to understand your legal position, including whether the request is lawful. Failure to attend can lead to arrest under PACE provisions.
Refusal and Legal Advice
While non‑intimate DNA samples may be taken without consent, you may still wish to seek legal advice if unsure about the lawfulness of a request, especially if not detained. A solicitor can explain obligations and whether police are acting within powers.
Requests for Deletion of Profiles
If a DNA profile is retained and you believe it should be deleted (for example, after acquittal or where retention period has expired), you may apply to the Biometrics Commissioner or pursue judicial review if retention is unlawful or disproportionate. The retention regime balances public safety with privacy rights following the S and Marper v United Kingdom human rights judgment.
Key Takeaways
Police in England and Wales have legal powers to take DNA samples as part of criminal investigations:
- Non‑intimate DNA samples (such as mouth swabs) can be taken without written consent if statutory conditions are met, particularly after arrest for a recordable offence.
- Intimate DNA samples require written consent and senior authorisation before being taken.
- Police can serve notices requiring attendance at a police station for sample collection and arrest for non‑compliance.
- DNA samples must generally be destroyed after profiling and within six months unless retained under evidential rules, while DNA profiles may be retained on the national database under retention frameworks with oversight by the Biometrics Commissioner.
Understanding these powers and safeguards helps individuals know their rights and the legal processes surrounding DNA sampling in England and Wales.
