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.