http://www.legislation.gov.uk/id/ukpga/1984/60

53 Abolition of certain powers of constables to search persons.

1

Subject to subsection (2) below, there shall cease to have effect any Act (including a local Act) passed before this Act in so far as it authorises—

a

any search by a constable of a person in police detention at a police station; or

b

an intimate search of a person by a constable;

and any rule of common law which authorises a search such as is mentioned in paragraph (a) or (b) above is abolished.

F12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

An intimate search may not be conducted under this section.

8

A search under this section shall be carried out by a constable.

C89

The constable carrying out a search shall be of the same sex as the person searched.

C64 C9F854A Searches and examination to ascertain identity

a

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

b

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.

11

In this section—

a

references to ascertaining a person’s identity include references to showing that he is not a particular person; and

b

references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly.

12

In this section “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this section if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.

F1013

Nothing in this section applies to a person arrested under an extradition arrest power.

F16354BSearches of persons answering to live link bail

1

A constable may search at any time—

a

any person who is at a police station to answer to live link bail; and

b

any article in the possession of such a person.

2

If the constable reasonably believes a thing in the possession of the person ought to be seized on any of the grounds mentioned in subsection (3), the constable may seize and retain it or cause it to be seized and retained.

3

The grounds are that the thing—

a

may jeopardise the maintenance of order in the police station;

b

may put the safety of any person in the police station at risk; or

c

may be evidence of, or in relation to, an offence.

4

The constable may record or cause to be recorded all or any of the things seized and retained pursuant to subsection (2).

5

An intimate search may not be carried out under this section.

6

The constable carrying out a search under subsection (1) must be of the same sex as the person being searched.

7

In this section “live link bail” means bail granted under Part 4 of this Act subject to the duty mentioned in section 47(3)(b).

F16354CPower to retain articles seized

1

Except as provided by subsections (2) and (3), a constable may retain a thing seized under section 54B until the time when the person from whom it was seized leaves the police station.

2

A constable may retain a thing seized under section 54B in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.

3

If a thing seized under section 54B may be evidence of, or in relation to, an offence, a constable may retain it—

a

for use as evidence at a trial for an offence; or

b

for forensic examination or for investigation in connection with an offence.

4

Nothing may be retained for either of the purposes mentioned in subsection (3) if a photograph or copy would be sufficient for that purpose.

5

Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.

6

The references in this section to anything seized under section 54B include anything seized by a person to whom paragraph 27A of Schedule 4 to the Police Reform Act 2002 applies.

C10 C11 C12 C13 C14 C7355Intimate searches

1

Subject to the following provisions of this section, if an officer of at least the rank of F11inspector has reasonable grounds for believing—

C65a

that a person who has been arrested and is in police detention may have concealed on him anything which—

i

he could use to cause physical injury to himself or others; and

ii

he might so use while he is in police detention or in the custody of a court; or

b

that such a person—

i

may have a Class A drug concealed on him; and

ii

the number of searches conducted by way of examination by a suitably qualified person;

c

the number of searches not so conducted but conducted in the presence of such a person; and

d

the result of the searches carried out.

16

The information shall also include, as separate items—

a

the total number of drug offence searches; and

b

the result of those searches.

C6517

In this section—

“the appropriate criminal intent” means an intent to commit an offence under—

a

section 5(3) of the M2Misuse of Drugs Act 1971 (possession of controlled drug with intent to supply to another); or

b

section 68(2) of the M3Customs and Excise Management Act 1979 (exportation etc. with intent to evade a prohibition or restriction);

F19“appropriate officer” means—
1. a
  a constable,
2. b
  F253...F20. . .
3. c
  F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Class A drug” has the meaning assigned to it by section 2(1)(b) of the Misuse of Drugs Act 1971;
“drug offence search” means an intimate search for a Class A drug which an officer has authorised by virtue of subsection (1)(b) above; and
“suitably qualified person” means—

a

a registered medical practitioner; or

b

a registered nurse.

C1755AF130X-rays and ultrasound scans

1

If an officer of at least the rank of inspector has reasonable grounds for believing that a person who has been arrested for an offence and is in police detention—

a

may have swallowed a Class A drug, and

b

b

made by the Commissioner of Police of the Metropolis,

must contain information about x-rays which have been taken and ultrasound scans which have been carried out under this section in the area to which the report relates during the period to which it relates.

8

The information about such x-rays and ultrasound scans must be presented separately and must include—

a

the total number of x-rays;

b

the total number of ultrasound scans;

c

the results of the x-rays;

d

the results of the ultrasound scans.

9

If the appropriate consent to an x-ray or ultrasound scan of any person is refused without good cause, in any proceedings against that person for an offence—

a

the court, in determining whether there is a case to answer,

b

a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal), and

c

the court or jury, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper.

10

In this section “the appropriate criminal intent”, “appropriate officer”, “Class A drug” and “suitably qualified person” have the same meanings as in section 55 above.

An order under subsection (1) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F3560A Visual recording of interviews

1

The Secretary of State shall have power—

a

to issue a code of practice for the visual recording of interviews held by police officers at police stations; and

b

to make an order requiring the visual recording of interviews so held, and requiring the visual recording to be in accordance with the code for the time being in force under this section.

2

A requirement imposed by an order under this section may be imposed in relation to such cases or police stations in such areas, or both, as may be specified or described in the order.

3

An order under subsection (1) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4

In this section—

a

references to any interview are references to an interview of a person suspected of a criminal offence; and

b

references to a visual recording include references to a visual recording in which an audio recording is comprised.

C10060BF243Notification of decision not to prosecute person interviewed

1

This section applies where—

a

a person suspected of the commission of a criminal offence is interviewed by a police officer but is not arrested for the offence, and

b

the police officer in charge of investigating the offence determines that—

i

there is not sufficient evidence to charge the person with an offence, or

ii

there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.

2

A police officer must give the person notice in writing that the person is not to be prosecuted.

3

Subsection (2) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.

4

In this section “caution” includes—

a

a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;

b

a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;

c

a youth caution under section 66ZA of that Act.

C32 C33 C34 C3561Finger-printing.

C361

the court, or

b

b

he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, F168 and

F166c

F45b

applies to a person arrested or detained under the terrorism provisions F257or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

F4610

Nothing in this section applies to a person arrested under an extradition arrest power.

arrested under an extradition arrest power.

the court or jury, in determining whether that person is guilty of the offence charged,

may draw such inferences from the refusal as appear proper F55... .

C7011

Nothing in this section F56applies to the taking of a specimen for the purposes of any of the provisions ofF57sections 4 to 11 of the Road Traffic Act 1988F58or of sections 26 to 38 of the Transport and Works Act 1992 .

C70F5912

Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.

F25913

Nothing in this section applies to a person detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under Part 2 of that Schedule.

he has been convicted of a recordable offence, F170 or

b

he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, F171 and

F169c

F6910

Nothing in this section applies to a person arrested or detained under the terrorism provisions F260or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

F7011

Nothing in this section applies to a person arrested under an extradition arrest power.

C48 C49 C50 C50F71 63A Fingerprints and samples: supplementary provisions.

F721

Where a person has been arrested on suspicion of being involved in a recordable offence or has been charged with such an offence or has been informed that he will be reported for such an offence, fingerprints F73, impressions of footwear or samples or the information derived from samples taken under any power conferred by this Part of this Act from the person may be checked against—

a

other fingerprints F73, impressions of footwear or samples to which the person seeking to check has access and which are held by or on behalf of F74any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence;

b

information derived from other samples if the information is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a) above.

F1551ZA

Fingerprints taken by virtue of section 61(6A) above may be checked against other fingerprints to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence.

F751A

In subsection (1) F156 and (1ZA) above “ relevant law-enforcement authority ” means—

a

a police force;

F76b

the F180 National Crime Agency ;

d

a public authority (not falling within paragraphs (a) to (c)) with functions in any part of the British Islands which consist of or include the investigation of crimes or the charging of offenders;

e

any person with functions in any country or territory outside the United Kingdom which—

i

correspond to those of a police force; or

ii

otherwise consist of or include the investigation of conduct contrary to the law of that country or territory, or the apprehension of persons guilty of such conduct;

f

any person with functions under any international agreement which consist of or include the investigation of conduct which is—

i

unlawful under the law of one or more places,

ii

prohibited by such an agreement, or

iii

contrary to international law,

or the apprehension of persons guilty of such conduct.

F751B

The reference in subsection (1A) above to a police force is a reference to any of the following—

a

any police force maintained under section 2 of the Police Act 1996 (c. 16) (police forces in England and Wales outside London);

b

the metropolitan police force;

c

the City of London police force;

F164d

the Police Service of Scotland;

e

the Police Service of Northern Ireland;

f

the Police Service of Northern Ireland Reserve;

g

the Ministry of Defence Police;

h

the F77Royal Navy Police;

i

the Royal Military Police;

j

the Royal Air Force Police;

F78k

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

l

the British Transport Police;

m

the States of Jersey Police Force;

n

the salaried police force of the Island of Guernsey;

o

the Isle of Man Constabulary.

F751C

Where—

a

fingerprints F79, impressions of footwear or samples have been taken from any person in connection with the investigation of an offence but otherwise than in circumstances to which subsection (1) above applies, and

b

that person has given his consent in writing to the use in a speculative search of the fingerprints F80, of the impressions of footwear or of the samples and of information derived from them,

the fingerprints F81or impressions of footwear or, as the case may be, those samples and that information may be checked against any of the fingerprints F82, impressions of footwear, samples or information mentioned in paragraph (a) or (b) of that subsection.

F751D

A consent given for the purposes of subsection (1C) above shall not be capable of being withdrawn.

F1571E

Where fingerprints or samples have been taken from any person under section 61(6) or 63(3B) above (persons convicted etc ), the fingerprints or samples, or information derived from the samples, may be checked against any of the fingerprints, samples or information mentioned in subsection (1)(a) or (b) above.

1F

Where fingerprints or samples have been taken from any person under section 61(6D), 62(2A) or 63(3E) above (offences outside England and Wales etc ), the fingerprints or samples, or information derived from the samples, may be checked against any of the fingerprints, samples or information mentioned in subsection (1)(a) or (b) above.

C512

Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.

3

Where any power to take a sample is exercisable in relation to a person the sample may be taken in a prison or other institution to which the M6 Prison Act 1952 applies.

F833A

Where—

a

the power to take a non-intimate sample under section 63(3B) above is exercisable in relation to any person who is detained under Part III of the M7 Mental Health Act 1983 in pursuance of—

i

a hospital order or interim hospital order made following his conviction for the recordable offence in question, or

ii

a transfer direction given at a time when he was detained in pursuance of any sentence or order imposed following that conviction, or

b

the power to take a non-intimate sample under section 63(3C) above is exercisable in relation to any person,

the sample may be taken in the hospital in which he is detained under that Part of that Act.

Expressions used in this subsection and in the M8 Mental Health Act 1983 have the same meaning as in that Act.

3B

Where the power to take a non-intimate sample under section 63(3B) above is exercisable in relation to a person detained in pursuance of directions of the Secretary of State under F84section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 the sample may be taken at the place where he is so detained.

C52F1584

Schedule 2A (fingerprinting and samples: power to require attendance at police station) shall have effect.

63AAF199Inclusion of DNA profiles on National DNA Database

1

This section applies to a DNA profile which is derived from a DNA sample and which is retained under any power conferred by any of sections 63E to 63L (including those sections as applied by section 63P).

2

A DNA profile to which this section applies must be recorded on the National DNA Database.

63ABF200National DNA Database Strategy Board

1

The Secretary of State must make arrangements for a National DNA Database Strategy Board to oversee the operation of the National DNA Database.

2

The National DNA Database Strategy Board must issue guidance about the destruction of DNA profiles which are, or may be, retained under this Part of this Act.

3

A chief officer of a police force in England and Wales must act in accordance with guidance issued under subsection (2).

4

The National DNA Database Strategy Board may issue guidance about the circumstances in which applications may be made to the Commissioner for the Retention and Use of Biometric Material under section 63G.

5

Before issuing any such guidance, the National DNA Database Strategy Board must consult the Commissioner for the Retention and Use of Biometric Material.

6

The Secretary of State must publish the governance rules of the National DNA Database Strategy Board and lay a copy of the rules before Parliament.

7

The National DNA Database Strategy Board must make an annual report to the Secretary of State about the exercise of its functions.

8

The Secretary of State must publish the report and lay a copy of the published report before Parliament.

9

The Secretary of State may exclude from publication any part of the report if, in the opinion of the Secretary of State, the publication of that part would be contrary to the public interest or prejudicial to national security.

the taking of the sample,

may not take place except in the presence of an appropriate adult.

F935B

If a sample is taken under this section from a person in respect of whom the arrest condition is met no other sample may be taken from him under this section during the same continuous period of detention but—

a

if the charge condition is also met in respect of him at any time during that period, the sample must be treated as a sample taken by virtue of the fact that the charge condition is met;

b

the fact that the sample is to be so treated must be recorded in the person's custody record.

5C

Despite subsection (1)(a) above, a sample may be taken from a person under this section if—

a

he was arrested for an offence (the first offence),

b

the arrest condition is met but the charge condition is not met,

c

before a sample is taken by virtue of subsection (1) above he would (but for his arrest as mentioned in paragraph (d) below) be required to be released from police detention,

d

he continues to be in police detention by virtue of his having been arrested for an offence not falling within subsection (1A) above, and

e

the sample is taken before the end of the period of 24 hours starting with the time when his detention by virtue of his arrest for the first offence began.

5D

A sample must not be taken from a person under this section if he is detained in a police station unless he has been brought before the custody officer.

6

A sample may be taken under this section only by a person prescribed by regulations made by the Secretary of State by statutory instrument.

No regulations shall be made under this subsection unless a draft has been laid before, and approved by resolution of, each House of Parliament.

F94F956A

The Secretary of State may by order made by statutory instrument amend—

a

paragraph (a) of subsection (3) above, by substituting for the age for the time being specified a different age specified in the order, or different ages so specified for different police areas so specified;

b

paragraph (b) of that subsection, by substituting for the age for the time being specified a different age specified in the order.

6B

A statutory instrument containing an order under subsection (6A) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

7

Information obtained from a sample taken under this section may be disclosed—

a

for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the M9Bail Act 1976) to the person concerned;

F96aa

for the purpose of informing any decision about the giving of a conditional caution under Part 3 of the Criminal Justice Act 2003 F97or a youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998 to the person concerned;

b

where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about his supervision;

c

where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about his supervision or release;

F98ca

for the purpose of an assessment which the person concerned is required to attend by virtue of section 9(2) or 10(2) of the Drugs Act 2005;

cb

for the purpose of proceedings against the person concerned for an offence under section 12(3) or 14(3) of that Act;

d

for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.

8

A person who fails without good cause to give any sample which may be taken from him under this section shall be guilty of an offence.

F999

F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

In this section—

“appropriate adult”, in relation to a person whoF241has not attained the age of 18, means—
1. a
  his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation; or
2. b
  F101a social worker of a local authority . . . ; or
3. c
  if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer orF244a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996;
“relevant chief officer” means—
1. a
  in relation to a police area, the chief officer of police of the police force for that police area; or
2. b
  in relation to a police station, the chief officer of police of the police force for the police area in which the police station is situated.

F10263C Testing for presence of Class A drugs: supplementary.

1

A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both.

2

A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

3

If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken.

4

If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record.

5

Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above.

6

In section 63B above—

“Class A drug” and “misuse” have the same meanings as in the M10Misuse of Drugs Act 1971;
“specified” (in relation to a Class A drug) and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.

C7963DF181Destruction of fingerprints and DNA profiles

1

This section applies to—

a

fingerprints—

i

taken from a person under any power conferred by this Part of this Act, or

ii

taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police, and

b

a DNA profile derived from a DNA sample taken as mentioned in paragraph (a)(i) or (ii).

2

Fingerprints and DNA profiles to which this section applies (“section 63D material”) must be destroyed if it appears to the responsible chief officer of police that—

a

the taking of the fingerprint or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful, or

b

the fingerprint was taken, or, in the case of a DNA profile, was derived from a sample taken, from a person in connection with that person's arrest and the arrest was unlawful or based on mistaken identity.

3

In any other case, section 63D material must be destroyed unless it is retained under any power conferred by sections 63E to 63O (including those sections as applied by section 63P).

4

Section 63D material which ceases to be retained under a power mentioned in subsection (3) may continue to be retained under any other such power which applies to it.

5

Nothing in this section prevents a speculative search, in relation to section 63D material, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

C8063EF182Retention of section 63D material pending investigation or proceedings

1

This section applies to section 63D material taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence in which it is suspected that the person to whom the material relates has been involved.

2

The material may be retained until the conclusion of the investigation of the offence or, where the investigation gives rise to proceedings against the person for the offence, until the conclusion of those proceedings.

the person from whom the material was taken.

11

In this section—

“excluded offence”, in relation to a person, means a recordable offence—
1. a
  which—
  1. i
    is not a qualifying offence,
  2. ii
    is the only recordable offence of which the person has been convicted, and
  3. iii
    was committed when the person was aged under 18, and
2. b
  for which the person was not given a relevant custodial sentence of 5 years or more,
“relevant custodial sentence” has the meaning given by section 63K(6),
“a specified chief officer of police” means—
1. a
  the chief officer of the police force of the area in which the person from whom the material was taken resides, or
2. b
  a chief officer of police who believes that the person is in, or is intending to come to, the chief officer's police area.
F264“terrorism-related qualifying offence” means—
1. a
  an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (see section 65A(2)(r) below), or
2. b
  an ancillary offence, as defined by section 65A(5) below, relating to an offence for the time being listed in section 41(1) of that Act.

F23112

For the purposes of the definition of “excluded offence” in subsection (11)—

a

references to a recordable offence or a qualifying offence include an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence or (as the case may be) a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted), and

b

in the application of paragraph (b) of that definition in relation to an offence under the law of a country or territory outside England and Wales, the reference to a relevant custodial sentence of 5 years or more is to be read as a reference to a sentence of imprisonment or other form of detention of 5 years or more.

In this section—

“victim” includes intended victim,
“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise,

and the reference in subsection (2)(c) to a person being associated with another person is to be read in accordance with section 62(3) to (7) of the Family Law Act 1996.

C8263HF185Retention of section 63D material: persons arrested for or charged with a minor offence

1

This section applies to section 63D material which—

a

relates to a person who—

i

is arrested for or charged with a recordable offence other than a qualifying offence,

ii

if arrested for or charged with more than one offence arising out of a single course of action, is not also arrested for or charged with a qualifying offence, and

iii

is not convicted of the offence or offences in respect of which the person is arrested or charged, and

b

was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence or offences in respect of which the person is arrested or charged.

2

If the person has previously been convicted of a recordable offence which is not an excluded offence, the material may be retained indefinitely.

F2322A

In subsection (2), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).

3

In this section “excluded offence” has the meaning given by section 63F(11) F233(read with section 63F(12)).

C8363IF186Retention of material: persons convicted of a recordable offence

1

This section applies, subject to subsection (3), to—

a

section 63D material which—

i

relates to a person who is convicted of a recordable offence, and

ii

was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence, or

b

material taken under section 61(6) or 63(3B) which relates to a person who is convicted of a recordable offence.

2

The material may be retained indefinitely.

3

This section does not apply to section 63D material to which section 63K applies.

63IAF234Retention of material: persons convicted of an offence outside England and Wales after taking of section 63D material

1

b

was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.

F2361A

In subsection (1)(a)(ii), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).

2

Where the person is given a relevant custodial sentence of less than 5 years in respect of the offence, the material may be retained until the end of the period consisting of the term of the sentence plus 5 years.

3

Where the person is given a relevant custodial sentence of 5 years or more in respect of the offence, the material may be retained indefinitely.

4

Where the person is given a sentence other than a relevant custodial sentence in respect of the offence, the material may be retained until—

a

in the case of fingerprints, the end of the period of 5 years beginning with the date on which the fingerprints were taken, and

b

in the case of a DNA profile, the end of the period of 5 years beginning with—

i

the date on which the DNA sample from which the profile was derived was taken, or

ii

if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.

5

But if, before the end of the period within which material may be retained by virtue of this section, the person is again convicted of a recordable offence, the material may be retained indefinitely.

F2375A

In subsection (5), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.

6

In this section, “relevant custodial sentence” means any of the following—

a

a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000;

b

a sentence of a period of detention and training (excluding any period of supervision) which a person is liable to serve under an order under section 211 of the Armed Forces Act 2006 or a secure training order.

63KAF238Retention of section 63D material under section 63IA: exception for persons under 18 convicted of first minor offence outside England and Wales

1

This section applies where—

a

section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence,

b

at any time before the material is required to be destroyed by virtue of this Part of this Act, the person is convicted of an offence under the law of a country or territory outside England and Wales,

c

the act constituting the offence mentioned in paragraph (b) would constitute a recordable offence if done in England and Wales but would not constitute a qualifying offence,

d

the person is aged under 18 at the time of the offence mentioned in paragraph (b), and

e

the person has not previously been convicted of a recordable offence.

2

In subsection (1)(e), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).

3

Where the person is sentenced to imprisonment or another form of detention for less than 5 years in respect of the offence mentioned in subsection (1)(b), the section 63D material may be retained until the end of the period consisting of the term of the sentence plus 5 years.

4

Where the person is sentenced to imprisonment or another form of detention for 5 years or more in respect of the offence mentioned in subsection (1)(b), the material may be retained indefinitely.

5

Where the person is given a sentence other than a sentence of imprisonment or other form of detention in respect of the offence mentioned in subsection (1)(b), the material may be retained until the end of the period of 5 years beginning with the date on which the person was arrested for the offence (or, if the person was not arrested for the offence, the date on which the person was charged with it).

6

But if, before the end of the period within which material may be retained by virtue of this section, the person is again convicted of a recordable offence, the material may be retained indefinitely.

7

In subsection (6), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.

C8663LF189Retention of section 63D material: persons given a penalty notice

1

This section applies to section 63D material which—

a

Consent given under this section—

a

must be in writing, and

b

can be withdrawn at any time.

C9063PF193F223Retention of 63D material in connection with different offence

1

Subsection (2) applies if—

a

section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) from a person in connection with the investigation of an offence, and

b

the person is subsequently arrested for or charged with a different offence, or convicted of or given a penalty notice for a different offence.

2

Sections 63E to 63O and sections 63Q and 63T have effect in relation to the material as if the material were also taken (or, in the case of a DNA profile, derived from a sample taken)—

a

in connection with the investigation of the offence mentioned in subsection (1)(b),

b

on the date on which the person was arrested for that offence (or charged with it or given a penalty notice for it, if the person was not arrested).

Subsection (6)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.

8

A written record must be made of a determination under this section.

C9163QF216Destruction of copies of section 63D material

1

If fingerprints are required by section 63D to be destroyed, any copies of the fingerprints held by the police must also be destroyed.

2

If a DNA profile is required by that section to be destroyed, no copy may be retained by the police except in a form which does not include information which identifies the person to whom the DNA profile relates.

1

This section applies to impressions of footwear—

a

taken from a person under any power conferred by this Part of this Act, or

b

taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police.

2

Impressions of footwear to which this section applies must be destroyed unless they are retained under subsection (3).

3

Impressions of footwear may be retained for as long as is necessary for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution.

constitutes one or more criminal offences (whether under the law of England and Wales or of any country or territory outside England and Wales), or

ii

is, or corresponds to, any conduct which, if it all took place in England and Wales, would constitute one or more criminal offences, and

c

the references to an investigation and to a prosecution include references, respectively, to any investigation outside England and Wales of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside England and Wales.

falls within subsection (5), and

b

but for that subsection would be required to be destroyed under section 63R,

must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.

5B

A sample that once fell within subsection (5) but no longer does, and so becomes a sample to which section 63R applies, must be destroyed immediately if the time specified for its destruction under that section has already passed.

6

Sections 63D to 63T do not apply to material which—

a

is taken from a person, but

b

relates to another person.

7

Nothing in sections 63D to 63T affects any power conferred by—

a

paragraph 18(2) of Schedule 2 to the Immigration Act 1971 (power to take reasonable steps to identify a person detained), or

b

section 20 of the Immigration and Asylum Act 1999 (disclosure of police information to the Secretary of State for use for immigration purposes).

F202 C54 C55 C5664 Destruction of fingerprints and samples.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64ZAF132Destruction of samples

1

A DNA sample to which section 64 applies must be destroyed—

a

as soon as a DNA profile has been derived from the sample, or

b

if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken.

2

Any other sample to which section 64 applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken.

b

in Scotland of an offence which is punishable by imprisonment,

before the material is required to be destroyed by virtue of this section.

5

For the purposes of subsection (1)—

a

a person has no previous convictions if the person has not previously been convicted—

i

in England and Wales or Northern Ireland of a recordable offence, or

ii

in Scotland of an offence which is punishable by imprisonment, and

b

if the person has been previously convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence other than a qualifying offence, committed when the person is aged under 18.

6

For the purposes of that subsection—

a

a person is to be treated as having been convicted of an offence if—

i

he has been given a caution in England and Wales or Northern Ireland in respect of the offence which, at the time of the caution, he has admitted, F174 and

F175ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

if a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction.

7

In this section—

a

“recordable offence” has, in relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989, and

b

“qualifying offence” has, in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of that Order.

This section ceases to have effect in relation to the material if the person is convicted of a recordable offence before the material is required to be destroyed by virtue of this section.

the offence is not a qualifying offence,

iii

the person is aged under 18 at the time of the offence, and

iv

the person has no previous convictions,

the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge.

5

This section ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this section, the person—

a

is convicted of a recordable offence and is aged 18 or over at the time of the offence,

b

is convicted of a qualifying offence, or

c

having a previous exempt conviction, is convicted of a recordable offence.

the offence is not a qualifying offence,

iii

the person is aged under 18 at the time of the offence, and

iv

the person has no previous convictions,

the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge.

5

This section ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this section, the person—

a

is convicted of a recordable offence and is aged 18 or over at the time of the offence,

b

is convicted of a qualifying offence, or

c

having a previous exempt conviction, is convicted of a recordable offence.

the person is aged under 18 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

c

where—

i

the alleged offence is a qualifying offence, and

ii

the person is aged 16 or 17 at the time of the alleged offence,

the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,

d

where—

i

the person is convicted of the offence,

ii

the offence is not a qualifying offence,

iii

the person is aged under 18 at the time of the offence, and

iv

the person has no previous convictions,

the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge.

5

This section ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this section, the person—

a

is convicted of a recordable offence and is aged 18 or over at the time of the offence,

b

is convicted of a qualifying offence, or

c

having a previous exempt conviction, is convicted of a recordable offence.

the person is aged under 18 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

c

where—

i

the alleged offence is a qualifying offence, and

ii

the person is aged under 16 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

d

where—

i

the alleged offence is a qualifying offence, and

ii

the person is aged 16 or 17 at the time of the alleged offence,

the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge.

5

This section ceases to have effect in relation to the material if the person is convicted of a further recordable offence before the material is required to be destroyed by virtue of this section.

b

in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken.

64ZLRetention with consent

1

If a person consents in writing to the retention of fingerprints, impressions of footwear or a DNA profile to which section 64 applies, other than fingerprints taken under section 61(6A)—

a

the material is not required to be destroyed in accordance with sections 64ZB to 64ZH, and

b

section 64ZN(2) does not apply to the material.

2

It is immaterial for the purposes of subsection (1) whether the consent is given at, before or after the time when the entitlement to the destruction of the material arises.

3

Consent given under this section can be withdrawn at any time.

64ZMDestruction of copies, and notification of destruction

1

If fingerprints or impressions of footwear are required to be destroyed by virtue of any of sections 64ZB to 64ZJ, any copies of the fingerprints or impressions of footwear must also be destroyed.

2

If a DNA profile is required to be destroyed by virtue of any of those sections, no copy may be kept except in a form which does not include information which identifies the person to whom the DNA profile relates.

3

If a person makes a request to the responsible chief officer of police to be notified when anything relating to the person is destroyed under any of sections 64ZA to 64ZJ, the responsible chief officer of police or a person authorised by the chief officer or on the chief officer's behalf must within three months of the request issue the person with a certificate recording the destruction.

4

“Responsible chief officer of police” means the chief officer of police for the police area—

a

in which the samples, fingerprints or impressions of footwear which have been destroyed were taken, or

b

in the case of a DNA profile which has been destroyed, in which the samples from which the DNA profile was derived were taken.

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

c

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.

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

b

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.F108; and

c

“sentence” includes any order made by a court in England and Wales when dealing with an offender in respect of his offence.

6

References in this section to taking a photograph include references to using any process by means of which a visual image may be produced; and references to photographing a person shall be construed accordingly.

F1096A

In this section, a “photograph” includes a moving image, and corresponding expressions shall be construed accordingly.

F1107

Nothing in this section applies to a person arrested under an extradition arrest power.

C61 C7165 Part V—supplementary.

F2691

In this Part of this Act—

F111 “analysis”, in relation to a skin impression, includes comparison and matching;
“appropriate consent” means—
1. a
  in relation to a person who F242has attained the age of 18 years, the consent of that person;
2. b
  in relation to a person who has not attained that age but has attained the age of 14 years, the consent of that person and his parent or guardian; and
3. c
  in relation to a person who has not attained the age of 14 years, the consent of his parent or guardian;
F204“DNA profile” means any information derived from a DNA sample;
“DNA sample” means any material that has come from a human body and consists of or includes human cells;
F112 “extradition arrest power” means any of the following—
1. a
  a Part 1 warrant (within the meaning given by the Extradition Act 2003) in respect of which a certificate under section 2 of that Act has been issued;
2. b
  section 5 of that Act;
3. c
  a warrant issued under section 71 of that Act;
4. d
  a provisional warrant (within the meaning given by that Act);
F113 . . .
F114 “fingerprints”, in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of—
1. a
  any of that person’s fingers; or
2. b
  either of his palms;
F115“intimate sample” means—
1. a
  a sample of blood, semen or any other tissue fluid, urine or pubic hair;
2. b
  a dental impression;
3. c
  F116a swab taken from any part of a person's genitals (including pubic hair) or from a person's body orifice other than the mouth;
F117“intimate search” means a search which consists of the physical examination of a person’s body orifices other than the mouth;
F118“non-intimate sample” means—
1. a
  a sample of hair other than pubic hair;
2. b
  a sample taken from a nail or from under a nail;
3. c
  F119a swab taken from any part of a person's body other than a part from which a swab taken would be an intimate sample;
4. d
  saliva;
5. e
  F120a skin impression;
F159“offence”, in relation to any country or territory outside England and Wales, includes an act punishable under the law of that country or territory, however it is described;
M11F121“registered dentist” has the same meaning as in the Dentists Act 1984;
F122“registered health care professional” means a person (other than a medical practitioner) who is—
1. a
  a registered nurse; or
2. b
  a registered member of a health care profession which is designated for the purposes of this paragraph by an order made by the Secretary of State;
F205“the responsible chief officer of police”, in relation to material to which section 63D or 63R applies, means the chief officer of police for the police area—
1. a
  in which the material concerned was taken, or
2. b
  in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;
“section 63D material” means fingerprints or DNA profiles to which section 63D applies;
F123“skin impression”, in relation to any person, means any record (other than a fingerprint) which is a record “ in any form and produced by any method) of the skin pattern and other physical characteristics or features of the whole or any part of his foot or of any other part of his body;
“speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in section 63A(1) above;
“sufficient” and “insufficient”, in relation to a sample, means F124(subject to subsection (2) below) sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample;
F125“the terrorism provisions” means section 41 of the Terrorism Act 2000, and any provision of Schedule 7 to that Act conferring a power of detention; and
“terrorism” has the meaning given in section 1 of that Act
F206“terrorist investigation” has the meaning given by section 32 of that Act;
F126 . . . F127 . . .

F1281A

b

manslaughter;

c

false imprisonment;

d

kidnapping;

F208da

an offence of indecent exposure;

db

an offence under section 4 of the Vagrancy Act 1824, committed by a person by wilfully, openly, lewdly, and obscenely exposing his person with intent to insult any female;

dc

an offence under section 28 of the Town Police Clauses Act 1847, committed by a person by wilfully and indecently exposing his person;

e

an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861;

f

an offence under section 2 or 3 of the Explosive Substances Act 1883;

F209fa

an offence under section 1 of the Infant Life (Preservation) Act 1929;

g

an offence under section 1 of the Children and Young Persons Act 1933;

F210ga

an offence under section 1 of the Infanticide Act 1938;

gb

an offence under section 12 or 13 of the Sexual Offences Act 1956, other than an offence committed by a person where the other person involved in the conduct constituting the offence consented to it and was aged 16 or over;

gc

an offence under any other section of that Act, other than sections 18 and 32;

gd

an offence under section 128 of the Mental Health Act 1959;

ge

an offence under section 1 of the Indecency with Children Act 1960;

h

an offence under section 4(1) of the Criminal Law Act 1967 committed in relation to murder;

F211ha

an offence under section 5 of the Sexual Offences Act 1967;

i

an offence under sections 16 to 18 of the Firearms Act 1968;

j

an offence under F207 section 8, 9 or 10 of the Theft Act 1968 or an offence under section 12A of that Act involving an accident which caused a person's death;

F212ja

an offence under section 1(1) of the Genocide Act 1969;

k

an offence under section 1 of the Criminal Damage Act 1971 required to be charged as arson;

F213ka

an offence under section 54 of the Criminal Law Act 1977;

l

an offence under section 1 of the Protection of Children Act 1978;

m

an offence under section 1 of the Aviation Security Act 1982;

n

an offence under section 2 of the Child Abduction Act 1984;

F214na

an offence under section 1 of the Prohibition of Female Circumcision Act 1985;

nb

an offence under section 1 of the Public Order Act 1986;

o

an offence under section 9 of the Aviation and Maritime Security Act 1990;

F215oa

an offence under section 3 of the Sexual Offences (Amendment) Act 2000;

ob

an offence under section 51 of the International Criminal Court Act 2001;

oc

an offence under section 1, 2 or 3 of the Female Genital Mutilation Act 2003;

p

an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50, 52, 53, 57 to F165 59A , 61 to 67, 69 and 70 of the Sexual Offences Act 2003;

q

an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004;

r

an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008.

F227s

an offence under section 2 of the Modern Slavery Act 2015 (human trafficking).

3

The Secretary of State may by order made by statutory instrument amend subsection (2) above.

4

A statutory instrument containing an order under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

5

In subsection (1)(b) above “ancillary offence”, in relation to an offence, means—

a

aiding, abetting, counselling or procuring the commission of the offence;

b

an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);

c

attempting or conspiring to commit the offence.

65BF198Persons convicted of an offence”

1

For the purposes of this Part, any reference to a person who is convicted of an offence includes a reference to—

a

a person who has been given a caution in respect of the offence which, at the time of the caution, the person has admitted,

b

a person who has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence,

c

a person who has been found not guilty of the offence by reason of insanity, or

d

a person who has been found to be under a disability and to have done the act charged in respect of the offence.

2

This Part, so far as it relates to persons convicted of an offence, has effect despite anything in the Rehabilitation of Offenders Act 1974.

3

But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.

4

If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under sections 63F, 63H and 63N whether the person has been convicted of only one offence.

5

See also section 65(3) (which deals with findings equivalent to those mentioned in subsection (1)(c) or (d) by courts which exercise jurisdiction under the laws of countries or territories outside England and Wales).

C62 Part V Questioning and Treatment of Persons by Police

53 Abolition of certain powers of constables to search persons.

1

a

b

F12

C1C2C3C4C5C63C7254 Searches of detained persons.

1

a

F162F3b

F62

2A

3

4

a

i

ii

iii

iv

b

5

a

b

6

C6F76A

C66B

C76C

7

8

C89

C64C9F854A Searches and examination to ascertain identity

1

a

b

2

a

b

3

a

b

4

5

a

b

6

7

8

9

a

b

10

a

i

ii

b

11

a

b

12

F1013

F16354BSearches of persons answering to live link bail

1

a

b

2

3

a

b

c

4

5

6

7

F16354CPower to retain articles seized

1

2

3

a

b

4

C1 C2 C3 C4 C5 C63 C7254 Searches of detained persons.

C64 C9F854A Searches and examination to ascertain identity

C10 C11 C12 C13 C14 C7355Intimate searches

C15 C656

C16 C657