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Police and Criminal Evidence Act 1984, Section 64 is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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[F1(1A)Where—
(a)fingerprints [F2, impressions of footwear] or samples are taken from a person in connection with the investigation of an offence, and
(b)subsection (3) below does not require them to be destroyed,
the fingerprints [F2, impressions of footwear] or samples may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except for purposes related to the prevention or detection of crime, the investigation of an offence [F3, the conduct of a prosecution or the identification of a deceased person or of the person from whom a body part came] .
(1B)In subsection (1A) above—
(a)the reference to using a fingerprint [F4or an impression of footwear] includes a reference to allowing any check to be made against it under section 63A(1) or (1C) above and to disclosing it to any person;
(b)the reference to using a sample includes a reference to allowing any check to be made under section 63A(1) or (1C) above against it or against information derived from it and to disclosing it or any such information to any person;
(c)the reference to crime includes a reference to any conduct which—
(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or
(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;
and
(d)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.]
[F5(1BA)Fingerprints taken from a person by virtue of section 61(6A) above must be destroyed as soon as they have fulfilled the purpose for which they were taken.]
(3)If—
(a)fingerprints [F6, impressions of footwear] or samples are taken from a person in connection with the investigation of an offence; and
(b)that person is not suspected of having committed the offence,
they must [F7, except as provided in [F8the following provisions of this section],] be destroyed as soon as they have fulfilled the purpose for which they were taken.
[F9(3AA)Samples [F10, fingerprints and impressions of footwear] are not required to be destroyed under subsection (3) above if—
(a)they were taken for the purposes of the investigation of an offence of which a person has been convicted; and
(b)a sample [F11, fingerprint, (or as the case may be) an impression of footwear] was also taken from the convicted person for the purposes of that investigation.
(3AB)Subject to subsection (3AC) below, where a person is entitled under [F12subsection (1BA) or (3)] above to the destruction of any fingerprint [F13, impression of footwear] or sample taken from him (or would be but for subsection (3AA) above), neither the fingerprint [F14, nor the impression of footwear,] nor the sample, nor any information derived from the sample, shall be used—
(a)in evidence against the person who is or would be entitled to the destruction of that fingerprint [F13, impression of footwear] or sample; or
(b)for the purposes of the investigation of any offence;
and subsection (1B) above applies for the purposes of this subsection as it applies for the purposes of subsection (1A) above.
(3AC)Where a person from whom a fingerprint [F15, impression of footwear] or sample has been taken consents in writing to its retention—
(a)that [F16fingerprint or] sample need not be destroyed under subsection (3) above;
(b)subsection (3AB) above shall not restrict the use that may be made of the fingerprint [F15, impression of footwear] or sample or, in the case of a sample, of any information derived from it; and
(c)that consent shall be treated as comprising a consent for the purposes of section 63A(1C) above;
and a consent given for the purpose of this subsection shall not be capable of being withdrawn.
[F17This subsection does not apply to fingerprints taken from a person by virtue of section 61(6A) above.]
(3AD)For the purposes of subsection (3AC) above it shall be immaterial whether the consent is given at, before or after the time when the entitlement to the destruction of the fingerprint [F18, impression of footwear] or sample arises.]
F19(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F20(5)If fingerprints [F21or impressions of footwear] are destroyed—
(a)any copies of the fingerprints [F21or impressions of footwear] shall also be destroyed; and
(b)any chief officer of police controlling access to computer data relating to the fingerprints [F21or impressions of footwear] shall make access to the data impossible, as soon as it is practicable to do so.]
(6)A person who asks to be allowed to witness the destruction of his fingerprints [F22or impressions of footwear] or copies of them shall have a right to witness it.
[F23( 6A )If—
(a)subsection (5)(b) above falls to be complied with; and
(b)the person to whose fingerprints [F24or impressions of footwear] the data relate asks for a certificate that it has been complied with,
such a certificate shall be issued to him, not later than the end of the period of three months beginning with the day on which he asks for it, by the responsible chief officer of police or a person authorised by him or on his behalf for the purposes of this section.
(6B) In this section— F25 . . . “the responsible chief officer of police” means the chief officer of police in whose [F26police] area the computer data were put on to the computer. ]
(7)Nothing in this section—
(a)affects any power conferred by paragraph 18(2) of Schedule 2 to the M1Immigration Act 1971 [F27or section 20 of the Immigration and Asylum Act 1999 (c. 33) (disclosure of police information to the Secretary of State for use for immigration purposes);]; or
(b)applies to a person arrested or detained under the terrorism provisions.
Textual Amendments
F1S. 64(1A)(1B) substituted (11.5.2001) for s. 64(1)(2) by 2001 c. 16, s. 82(1)(2)(6)
F2Words in s. 64(1A) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(a), 178; S.I. 2005/3495, art. 2(1)(p)
F3Words s. 64(1A) substituted (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 117(7), 178(1)(a)
F4Words in s. 64(1B)(a) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(b), 178; S.I. 2005/3495, art. 2(1)(p)
F5S. 64(1BA) inserted (7.3.2011) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 117(8), 178(8); S.I. 2011/410, art. 2(e)
F6Words in s. 64(3) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(c), 178; S.I. 2005/3495, art. 2(1)(p)
F7Words in s. 64(1)(2)(3) inserted (10.4.1995) by 1994 c. 33, s. 57(2); S.I. 1995/721, art. 2, Sch.
F8Words in s. 64(3) substituted (11.5.2001) by 2001 c. 16, s. 82(1)(3)(6)
F9S. 64(3AA)-(3AD) substituted (11.5.2001) for s. 64(3A)(3B) by 2001 c. 16, s. 82(1)(4)(6)
F10Words in s. 64(3AA) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(d)(i), 178; S.I. 2005/3495, art. 2(1)(p)
F11Words in s. 64(3AA)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(d)(ii), 178; S.I. 2005/3495, art. 2(1)(p)
F12Words in s. 64(3AB) substituted (7.3.2011) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 117(9), 178(8); S.I. 2011/410, art. 2(e)
F13Words in s. 64(3AB) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(e)(i), 178; S.I. 2005/3495, art. 2(1)(p)
F14Words in s. 64(3AB) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(e)(ii), 178; S.I. 2005/3495, art. 2(1)(p)
F15Words in s. 64(3AC) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(f), 178; S.I. 2005/3495, art. 2(1)(p)
F16Words in s. 64(3AC)(a) inserted (7.3.2011) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 117(10)(a), 178(8); S.I. 2011/410, art. 2(e)
F17Words in s. 64(3AC) added (7.3.2011) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 117(10)(b), 178(8); S.I. 2011/410, art. 2(e)
F18Words in s. 64(3AD) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(g), 178; S.I. 2005/3495, art. 2(1)(p)
F19S. 64(4) repealed (19.6.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 2(1); S.I. 2001/2223, art. 2(1)(g)(i)
F20S. 64(5) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 148(1)
F21Words in s. 64(5) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(h), 178; S.I. 2005/3495, art. 2(1)(p)
F22Words in s. 64(6) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(i), 178; S.I. 2005/3495, art. 2(1)(p)
F23S. 64(6A)(6B) inserted by Criminal Justice Act 1988 (c. 33, SIF, 39:1), s. 148(2)
F24Words in s. 64(6A) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(j), 178; S.I. 2005/3495, art. 2(1)(p)
F25Definition of “chief officer of police” and the word “and” immediately after it in s. 64(6B) repealed (22.8.1996) by 1996 c. 16, ss. 103(1)(3), 104(1), Sch. 7 Pt. II para. 37(a), Sch. 9 Pt. I
F26Word “police” in definition of “the responsible chief officer of police” inserted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 para. 37(b)
F27Words in s. 64(7)(a) inserted (11.5.2001) by 2001 c. 16, s. 82(1)(5)(6)
Modifications etc. (not altering text)
C1S. 64 applied (with modifications) by S.I. 1985/1882, art. 9
C2S. 64 applied (1.9.2001) by 2001 c. 17, s. 34(1), Sch. 4 para. 8; S.I. 2001/2161, art. 2 (subject to art. 3)
C3S. 64 applied (with modifications) (31.12.2006) by The Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 (S.I. 2006/2015), arts. 2, 3, Schs. 1-3
C4Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
C5S. 64(1)-(6) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).
S. 64(1)(3)-(6B) applied (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.
S. 64(2) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.
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