Prospective
F1Sch. 2A inserted (prosp.) by Crime and Security Act 2010 (c. 17), ss. 12(2), 59(1) (as amended (15.12 2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), ss. 29(3), 31(2), Sch. 7 para. 6(3) (with Sch. 8))
1—(1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(5A).N.I.
(2) The power under sub-paragraph (1) may not be exercised in a case falling within Article 61(5A)(b) (fingerprints taken on previous occasion insufficient etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed that Article 61(4A)(a) or (b) applied.
(3) In sub-paragraph (2) “appropriate officer” means the officer investigating the offence for which the person was arrested.
2—(1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(5B).N.I.
(2) The power under sub-paragraph (1) may not be exercised after the end of the period of six months beginning with—
(a)in a case falling within Article 61(5B)(a) (fingerprints not taken previously), the day on which the person was charged or informed that he would be reported, or
(b)in a case falling within Article 61(5B)(b) (fingerprints taken on previous occasion insufficient etc), the day on which the appropriate officer was informed that Article 61(4A)(a) or (b) applied.
(3) In sub-paragraph (2)(b) “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported.
3—(1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(6).N.I.
(2) Where the condition in Article 61(6ZA)(a) is satisfied (fingerprints not taken previously), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—
(a)the day on which the person was convicted or cautioned, or
(b)if later, the day on which this Schedule comes into force.
(3) Where the condition in Article 61(6ZA)(b) is satisfied (fingerprints taken on previous occasion insufficient etc), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—
(a)the day on which an appropriate officer was informed that Article 61(4A)(a) or (b) applied, or
(b)if later, the day on which this Schedule comes into force.
(4) In sub-paragraph (3)(a) “appropriate officer” means an officer of the police force which investigated the offence in question.
(5) Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution).
4 F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2Sch. 2 para. 4 never in operation, omitted (15.12.2011) by virtue of Terrorism Prevention and Investigation Measures Act 2011 (c. 23), ss. 29(3), 31(2), Sch. 7 para. 7(3) (with Sch. 8)
5 A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(6D).N.I.
6—(1) Where a person's fingerprints have been taken under Article 61 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have his fingerprints taken under that Article in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.N.I.
(2) Where an authorisation is given under sub-paragraph (1) —
(a)the fact of the authorisation, and
(b)the reasons for giving it,
shall be recorded as soon as practicable after it has been given.]