Part 4: Police Powers Chapter 3: Powers Under PACE: Miscellaneous Section 73: PACE: treatment of those aged 17
This section amends PACE to extend current safeguards for 14 to 16 year olds to 17 year olds.
	Subsection (2) amends section 30A of PACE (bail elsewhere than at police station) which provides for a police officer to release an arrested person on bail, subject to certain conditions. Currently, in cases where the person is under the age of 17, such conditions may include requirements which appear to the officer to be necessary for a person’s welfare or own interests. Subsection (2) extends this provision to young persons aged 17.
	Subsection (3) amends section 63B of PACE which provides for the taking of a sample of urine or non-intimate sample from a person in police detention for the purposes of testing for the presence of Class A drugs. (Section 65(1) of PACE defines a non-intimate sample as: a sample of hair other than pubic hair, a sample taken from a nail or under the nail, a swab taken from any part of the body except from genitals or a body orifice (excluding the mouth), saliva or a skin impression.) Section 63B(5A) provides that if the person is under the age of 17, such testing may only take place in the presence of an appropriate adult. Subsection (3) amends section 63B(5A) to apply the age condition to those under the age of 18 years. This ensures that 17 year olds may only be tested in the presence of an appropriate adult. An appropriate adult is responsible for protecting (or 'safeguarding') the rights and welfare of a child or vulnerable adult who is either detained by police or is interviewed under caution voluntarily. The appropriate adult role can be filled by a number of different types of people, including: parents or guardians, other family members, friends or carers, specialist appropriate adults either paid or voluntary. The person must be a responsible person who is neither a police officer or a member of civilian staff, nor employed for or engaged on police purposes.
	Section 62 of PACE provides for taking an intimate sample (namely, a sample of blood, semen or any other tissue fluid, urine or pubic hair, a dental impression or a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth) from a person in police detention if 'appropriate consent' is obtained. Section 65(1)(a) PACE defines 'appropriate consent' in this context to mean, in the case of a person over 17, the consent of that person. Subsection (4) amends section 65(1)(a) to raise the age threshold for independent consent to persons aged 18 years and above. As a result, a 17 year old and his or her parent or guardian would need to consent to the taking of an intimate sample (as is already the case with 14 to 16 year olds).