FingerprintingN.I.
61.—(1) Except as provided by this Article 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.
[F1(3) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
(a)he is detained in consequence of his arrest for a recordable offence; and
(b)he has not had his fingerprints taken in the course of the investigation of the offence by the police.
(4) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
(a)he has been charged with a recordable offence or informed that he will be reported for such an offence; and
(b)he has not had his fingerprints taken in the course of the investigation of the offence by the police.]
Para. (5) rep. by 2004 NI 9
(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[F1 paragraph (3), (4) or (6)] 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.
[F2(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 paragraph (7A), the fact referred to in sub-paragraph (b) of that paragraph] shall be recorded on his custody record.
[F3(8A) The fingerprints of a person detained at a police station may be taken without the appropriate consent by a constable.]
(9) Nothing in this Article—
(a)affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971[F4, section 141 of the Immigration and Asylum Act 1999 or regulations made under section 144 of that Act]; or
[F5(b)applies to a person arrested or detained under the terrorism provisions]
[F6(10) Nothing in this Article applies to a person arrested under an extradition arrest power.]