Police, Public Order and Criminal Justice (Scotland) Act 2006

Powers in relation to suspects and witnesses

81 Power to require giving of certain information in addition to name and address

(1) Section 13 of the Criminal Procedure (Scotland) Act 1995 (c. 46) (“the 1995 Act”) (which gives police constables certain powers in relation to suspects and witnesses) is amended in accordance with subsections (2) to (5).

(2) In subsection (1), in each of paragraphs (a) and (b), for “his name and address” there is substituted “the information mentioned in subsection (1A) below”.

(3) After subsection (1), there is inserted—

“(1A) That information is—

(a) the person’s name;

(b) the person’s address;

(c) the person’s date of birth;

(d) the person’s place of birth (in such detail as the constable considers necessary or expedient for the purpose of establishing the person’s identity); and

(e) the person’s nationality.”.

(4) In subsection (2)(a), for “name and address” there is substituted “information mentioned in subsection (1A) above”.

(5) In subsection (6), in each of paragraphs (a)(i) and (b), for “his name and address” there is substituted “the information mentioned in subsection (1A) above”.

(6) Section 14 of the 1995 Act (detention and questioning at a police station) is amended as follows—

(a) in subsection (9), for “his name and address” there is substituted “the information mentioned in subsection (10) below”; and

(b) after that subsection, there is inserted—

“(10) That information is—

(a) the person’s name;

(b) the person’s address;

(c) the person’s date of birth;

(d) the person’s place of birth (in such detail as a constable considers necessary or expedient for the purpose of establishing the person’s identity); and

(e) the person’s nationality.”.

82 Power to take fingerprints to establish identity of suspect

(1) Section 13 of the 1995 Act (which gives police constables certain powers in relation to suspects and witnesses) is amended as follows.

(2) After subsection (1A) (as inserted by section 81) there is inserted—

“(1B) The constable may, if the person mentioned in paragraph (a) of subsection (1) gives a name and address, require the person to provide—

(a) the person’s fingerprints; or

(b) a record, created by a device approved by the Scottish Ministers, of the skin on the person’s fingers.

(1C) Fingerprints or a record provided by a person under a requirement under subsection (1B) above may be used only for the following purposes—

(a) verifying the name and address given by the person;

(b) establishing whether the person may be a person who is suspected of having committed any other offence,

and all record of such fingerprints or record shall be destroyed as soon as possible after they have fulfilled those purposes.”.

(3) In subsection (2)—

(a) for “(either or both)” there is substituted “(any or all)”; and

(b) after paragraph (a) there is inserted—

“(aa) subject to subsection (3A) below, establishes whether the person may be a person who is suspected of having committed any other offence;”.

(4) After subsection (3), there is inserted—

“(3A) The constable shall exercise the power under paragraph (aa) of subsection (2) above only where—

(a) the person mentioned in paragraph (a) of subsection (1) above has given a name and address; and

(b) it appears to the constable that establishing the matter mentioned in paragraph (aa) of subsection (2) can be achieved quickly.”.

(5) In subsection (5)—

(a) after paragraph (b) there is inserted—

“(ba) subsection (1B) above, of the existence of the power to make the requirement and why he proposes to exercise it in the person’s case;”; and

(b) in paragraph (d), for “either” there is substituted “any”.

(6) In subsection (6)—

(a) the word “or” immediately after paragraph (a)(i) is repealed;

(b) after paragraph (a)(ii) there is inserted “; or

(iii) under subsection (1B) above to provide the person’s fingerprints or a record such as is mentioned in that subsection,”.

(7) After subsection (7) there is inserted—

“(8) The Scottish Ministers by order made by statutory instrument may approve a device for the purpose of creating records of the sort mentioned in subsection (1B)(b) above.”.