PART 4Age Assessments

I1I252Use of scientific methods in age assessments

1

The Secretary of State may make regulations specifying scientific methods that may be used for the purposes of age assessments under section 50 or 51.

2

The types of scientific method that may be specified include methods involving—

a

examining or measuring parts of a person’s body, including by the use of imaging technology;

b

the analysis of saliva, cell or other samples taken from a person (including the analysis of DNA in the samples).

3

A method may not be specified in regulations under subsection (1) unless the Secretary of State determines, after having sought scientific advice, that the method is appropriate for assessing a person’s age.

4

A specified scientific method may be used for the purposes of an age assessment under section 50 or 51 only if the appropriate consent is given.

5

The appropriate consent is—

a

where the age-disputed person has the capacity to consent to the use of the scientific method in question, their consent;

b

where the age-disputed person does not have the capacity to consent to the use of the scientific method in question, the consent of—

i

the person’s parent or guardian, or

ii

another person, of a description specified in regulations made by the Secretary of State, who is able to give consent on behalf of the age-disputed person.

6

Subsection (7) applies where—

a

the age-disputed person or, in a case where the age-disputed person lacks capacity, a person mentioned in subsection (5)(b), decides not to consent to the use of a specified scientific method, and

b

there are no reasonable grounds for that decision.

7

In deciding whether to believe any statement made by or on behalf of the age-disputed person that is relevant to the assessment of their age, the decision-maker must take into account, as damaging the age-disputed person’s credibility (or the credibility of a person who has made a statement on their behalf), the decision not to consent to the use of the specified scientific method.

8

Regulations under this section are subject to affirmative resolution procedure.

9

This section does not prevent the use of a scientific method that is not a specified scientific method for the purposes of an age assessment under section 50 or 51 if the decision-maker considers it appropriate to do so and, where necessary, the appropriate consent is given.