National Security Act 2023

18 (1) Subject to the modifications specified in sub-paragraphs (2) and (3), section 18 of the Criminal Procedure (Scotland) Act 1995 (procedure for taking certain prints and samples) applies to a person detained under section 27 at a police station in Scotland as it applies to a person arrested.

(2) For subsection (2) of section 18 substitute—

“(2) Subject to subsection (2A), a constable may take from a detained person or require a detained person to provide relevant physical data only if—

(a) the constable reasonably suspects that the person has been involved in foreign power threat activity, and

(b) the constable reasonably believes that the relevant physical data will tend to confirm or disprove the person’s involvement.

(2A) A constable may also take fingerprints from a detained person or require the person to provide them if—

(a) the constable is satisfied that the person’s fingerprints will help determine their identity, and

(b) the person has refused to identify themselves or the constable has reasonable grounds for suspecting that the person is not who they claim to be.

(2B) In this section references to determining a person’s identity include references to showing that a detained person is not a particular person.”

(3) Subsections (3) to (5) of section 18 do not apply.