PART VIQUESTIONING AND TREATMENT OF PERSONS BY POLICE

Destruction of fingerprints and samples35

1

Article 64 of PACE (destruction of fingerprints and samples) is amended as follows.

2

In paragraph (1A)—

a

after “fingerprints” in both places where it occurs insert “ , impressions of footwear ”;

b

for “or the conduct of a prosecution” substitute “ , the conduct of a prosecution or the identification of a deceased person or of the person from whom a body part came ”.

3

In paragraph (1B) after “fingerprint” insert “ or an impression of footwear ”.

4

After paragraph (1B) insert—

1BA

Fingerprints taken from a person by virtue of Article 61(6A) must be destroyed as soon as they have fulfilled the purpose for which they were taken.

5

In paragraph (3) after “fingerprints” insert “ , impressions of footwear ”.

6

In paragraph (3AA)—

a

for “and fingerprints” substitute “ , fingerprints and impressions of footwear ”;

b

in sub-paragraph (b), for “or, as the case may be, fingerprint” substitute “ , fingerprint or (as the case may be) an impression of footwear ”.

7

In paragraph (3AB)—

a

for “paragraph (3)” substitute “ paragraph (1BA) or (3) ”;

b

after the first and third places “fingerprint” occurs insert “ , impression of footwear ”;

c

after the second place “fingerprint” occurs insert “ , nor the impression of footwear, ”.

8

In paragraph (3AC)—

a

after “fingerprint” in each place where it occurs insert “ , impression of footwear ”;

b

in sub-paragraph (a), after “that” insert “ fingerprint, impression of footwear or ”;

c

after sub-paragraph (b) insert—

c

that consent shall be treated as comprising a consent for the purposes of Article 63A(1C).

d

at the end add the following new sentence— “ This paragraph does not apply to fingerprints taken from a person by virtue of Article 61(6A). ”.

9

In paragraph (3AD), after “fingerprint” insert “ , impression of footwear ”.

10

In paragraph (5), after “fingerprints” in each place where it occurs insert “ or impressions of footwear ”.

11

In paragraph (6), after “fingerprints” insert “ or impressions of footwear ”.

12

In paragraph (7), after “fingerprints” insert “ or impressions of footwear ”.