Police and Criminal Evidence Act 1984

61 Finger-printing. E+W

(1) Except as provided by this section no person’s fingerprints may be taken without the appropriate consent.

(2) Consent to the taking of a person’s fingerprints must be in writing if it is given at a time when he is at a police station.

(3) The fingerprints of a person detained at a police station may be taken without the appropriate consent—

(a) if an officer of at least the rank of superintendent authorises them to be taken; or

(b) if—

(i) he has been charged with a recordable offence or informed that he will be reported for such an offence; and

(ii) he has not had his fingerprints taken in the course of the investigation of the offence by the police.

(4) An officer may only give an authorisation under subsection 3(a) above if he has reasonable grounds—

(a) for suspecting the involvement of the person whose fingerprints are to be taken in a criminal offence; and

(b) for believing that his fingerprints will tend to confirm or disprove his involvement.

(5) An officer may give an authorisation under subsection 3(a) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(6) Any person’s fingerprints may be taken without the appropriate consent if he has been convicted of a recordable offence.

(7) In a case where by virtue of subsection (3) or (6) above a person’s fingerprints are taken without the appropriate consent—

(a) he shall be told the reason before his fingerprints are taken; and

(b) the reason shall be recorded as soon as is practicable after the fingerprints are taken.

[F1 (7A) If a person’s fingerprints are taken at a police station, whether with or without the appropriate consent—

(a) before the fingerprints are taken, an officer shall inform him that they may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.]

(8) If he is detained at a police station when the fingerprints are taken, the reason for taking them [F2 and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection] shall be recorded on his custody record.

(9) Nothing in this section—

(a) affects any power conferred by paragraph 18(2) of Schedule 2 to the M1 Immigration Act 1971; or

(b) [F3 except as provided in section 15(10) of, and paragraph 7(6) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989,] applies to a person arrested or detained under the terrorism provisions.

Textual Amendments

F1 S. 61(7A) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 56(a); S.I. 1995/721, art. 2, Sch. AppendixA

F2 Words in s. 61(8) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 56(b); S.I. 1995/721, art. 2, Sch. AppendixA

F3 Words inserted by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4, SIF 39:2), s. 25(1), Sch. 8 para. 6(5)

Modifications etc. (not altering text)

C1 S. 61 applied with modifications by S.I. 1985/1882, art. 6

C2 S. 61 modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(2); s. 61 modified by the said S.I. 1993/1813, art. 6, Sch. 3 para. 3 as incorporated (with modifications) (1.12.1997) by S.I. 1994/1405, art. 6, Sch. 3 para. 4

S. 61(1) applied (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

S. 61(2)-(7A) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.

C3 S. 61(1)–(8) modified (E.W.) (temp.) by Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4, SIF 39:2), ss. 15(10), 16(1)(3)(4), 27(5), Sch. 5 para. 7(6)

Marginal Citations

M1 1971 c. 77.