PART 2GOVERNMENT

Fingerprints and samplesI113

1

All constables must on appointment and in accordance with the directions of the chief constable have their fingerprints and a sample taken.

2

Fingerprints, samples or the information derived from samples of constables taken in accordance with this regulation must be kept separate from the fingerprints, samples or the information derived from samples—

a

taken in accordance with—

i

sections 1819, 1920, 19A21 and 19AA22 of the Criminal Procedure (Scotland) Act 1995;

ii

section 56 of the Criminal Justice (Scotland) Act 200323;

iii

in the case of fingerprints, section 87(5A)(b) of the Sexual Offences Act 200324;

iv

in the case of samples or the information derived from samples, section 87(5A)(c) of the Sexual Offences Act 2003; or

b

otherwise lawfully taken and held by or on behalf of the Police Service or in connection with or as a result of an investigation of an offence.

3

Fingerprints and samples may only be taken for the purpose of enabling a check to be carried out against any other fingerprint, sample or information derived from a sample taken by or on behalf of the Police Service or in connection with or as a result of the investigation of a criminal offence.

4

The fingerprints, samples or information derived from samples of a constable taken in accordance with paragraph (1), and all copies and records thereof must be destroyed on that constable ceasing to be a constable of the Police Service.

5

In this regulation “sample” means—

a

a sample of hair, other than pubic hair, complete with roots;

b

saliva; or

c

a swab taken from the mouth.