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Evidence and Procedure

PACE Code D Practice Questions

Free NPPF Step 2 PACE Code D questions with full answers, for Sergeant and Inspector candidates.

15+ questions in the full bankType A format

About this topic

Code D covers identification: identification procedures, fingerprints, footwear impressions, photographs and samples. Questions test when each can be taken, whether consent is needed and who authorises it.

Know the difference between intimate and non-intimate samples, when they can be taken without consent, and the rules for video identification.

Key legislation and cases

  • Police and Criminal Evidence Act 1984, ss.61-65
  • PACE Code D

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

DC Wells wants to take an intimate sample, a sample of urine, from Drummond, who is in police detention, to assist a drugs investigation. Drummond is asked whether he agrees.

  1. AAn intimate sample may be taken from Drummond on the authority of an inspector alone - written consent from Drummond is not required provided the authorisation is properly given.
  2. BAn intimate sample may be taken from Drummond on his written consent alone - inspector authorisation is not required for an intimate sample, unlike a non-intimate sample.
  3. CAn intimate sample may only be taken from Drummond if he gives appropriate consent in writing, and an officer of at least inspector rank authorises the sample having reasonable grounds to suspect Drummond's involvement in a recordable offence and reasonable grounds to believe the sample will tend to confirm or disprove that involvement.
  4. DAn intimate sample may be taken from Drummond using reasonable force if he refuses consent, provided an inspector has authorised the procedure.
Show answer and explanation
Answer: C

An intimate sample requires both appropriate consent in writing and authorisation by an officer of at least inspector rank, who must have reasonable grounds to suspect involvement in a recordable offence and reasonable grounds to believe the sample will tend to confirm or disprove it.

s.62 PACE 1984; PACE Code D, Code D-6
s.62(1)-(2) PACE 1984: An intimate sample may be taken from a person in police detention only if a police officer of at least the rank of inspector authorises it, and the appropriate consent is given.
  • A: Consent is also required - authorisation alone is not sufficient.
  • B: Inspector authorisation is in fact required for an intimate sample.
  • D: Force can never be used to take an intimate sample, regardless of authorisation.
Worked question 2 of 2Standard

DC Wells wants to take a non-intimate sample, a sample of hair, plucked rather than cut, for DNA purposes, from Drummond, who has been charged with a recordable offence and has refused to give consent. DC Wells asks whether the sample can still be taken.

  1. AA non-intimate sample can never be taken without the detainee's consent, regardless of whether they have been charged with a recordable offence.
  2. BA non-intimate sample may be taken from Drummond without his consent because he has been charged with a recordable offence, provided the other statutory conditions, including any necessary authorisation, are met - his refusal does not prevent the sample being taken.
  3. CA non-intimate sample may be taken from Drummond without his consent, but only if a sample of the same type has never previously been taken from him in relation to any offence whatsoever.
  4. DA non-intimate sample may be taken from Drummond without his consent only because hair samples are treated as intimate samples requiring the same consent rules as an intimate sample.
Show answer and explanation
Answer: B

Under s.63 PACE 1984, a non-intimate sample may be taken without consent where the person is detained following charge for a recordable offence, and the relevant statutory conditions are satisfied. This contrasts with intimate samples, which always require consent.

s.63 PACE 1984; PACE Code D, Code D-6
s.63(3A) PACE 1984: A non-intimate sample may be taken without consent if the person is in police detention or held in custody after being charged with a recordable offence, and has not had a non-intimate sample of the same type taken in the course of the investigation, or the sample previously taken was not suitable.
  • A: This is the opposite of the actual rule.
  • C: The relevant condition concerns whether a sample has been taken in the course of this investigation, or was insufficient or unsuitable, not an absolute bar based on any prior sample for any offence.
  • D: Plucked hair is classified as a non-intimate sample, not intimate.

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