The RMP practice these days is that anyone who is in their custody is "processed". By this rather harmless term they mean that fingerprints, photographs and DNA are taken routinely upon arrest. It should be noted that the Provost Marshal has confirmed in writing that people should not be arrested simply in order to take their DNA against their will. You should bear in mind that the police are entitled to ask you whether you are willing to give your DNA and if you do so, you will then remain on the DNA database. As you know there is recent case law to say that people who are acquitted of offences should have their DNA removed from the database but this is a complicated matter and one which the government are attempting to challenge. The strong legal advice would be not to consent to give your DNA voluntarily. This then puts the police in a position where they have to decide what they are going to do. It is open to them to arrest you and then to take your DNA by force. However, this will not happen. As indicated above, the Provost Marshal has confirmed to Christopher Hill in writing that people will not be arrested simply in order to take their DNA by force.
Therefore if you call the RMP's bluff by refusing to give it voluntarily it will not be taken. If you have concerns about this situation and you are in custody you should contact us as a matter of urgency and seek advice. When in custody you are entitled to a free phone call to a solicitor and we are available 24 hours a day, 7 days a week to take your call.
RMP/SIB interviews are generally divided into three phases which are the initial account phase; the review phase and the challenge phase. Often the police carry out an initial interview to get the suspect's account and therefore the second and third phases are not entered into. However, at some point once the initial account is given it will be reviewed by the police in detail to make sure they have understood it. Then once enquiries have been made, if there is evidence to contradict the suspect's account that will be put to him possibly in a second interview.