Part V Questioning and Treatment of Persons by Police
F1C1C2C3C363A Fingerprints and samples: supplementary provisions.
F21
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 F3or he is or has been subject to a control order , fingerprints F4, 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—
F5a
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.
F5a
other fingerprints, impressions of footwear or samples—
i
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 are held in connection with or as a result of an investigation of an offence, or
ii
which are held by or on behalf of the Security Service or the Secret Intelligence Service;
b
information derived from other samples—
i
which is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a)(i) above, or
ii
which is held by or on behalf of the Security Service or the Secret Intelligence Service.
F71ZA
Fingerprints taken by virtue of section 61(6A) above may be checked against F8other 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. F8 other fingerprints—
a
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, or
b
which are held by or on behalf of the Security Service or the Secret Intelligence Service.
F91A
In subsection (1) F10and (1ZA) above “relevant law-enforcement authority” means—
a
a police force;
F11b
the Serious Organised 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.
F91B
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;
d
any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (c. 77);
e
the Police Service of Northern Ireland;
f
the Police Service of Northern Ireland Reserve;
g
the Ministry of Defence Police;
h
the F12Royal Navy Police ;
i
the Royal Military Police;
j
the Royal Air Force Police;
k
F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F91C
Where—
a
fingerprints F14, 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 F15, of the impressions of footwear or of the samples and of information derived from them,
F91D
A consent given for the purposes of subsection (1C) above shall not be capable of being withdrawn.
F181E
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.
C42
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 M1Prison Act 1952 applies.
F193A
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 M2Mental 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 M3Mental 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 F20section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 the sample may be taken at the place where he is so detained.
F21C54
Any constable may, within the allowed period, require a person who is neither in police detention nor held in custody by the police on the authority of a court to attend a police station in order to have a sample taken where—
a
the person has been charged with a recordable offence or informed that he will be reported for such an offence and either he has not had a sample taken from him in the course of the investigation of the offence by the police or he has had a sample so taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient; or
b
the person has been convicted of a recordable offence and either he has not had a sample taken from him since the conviction or he has had a sample taken from him (before or after his conviction) but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient.
5
The period allowed for requiring a person to attend a police station for the purpose specified in subsection (4) above is—
a
in the case of a person falling within paragraph (a), one month beginning with the date of the charge F22or of his being informed as mentioned in that paragraphor one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be;
b
in the case of a person falling within paragraph (b), one month beginning with the date of the conviction or one month beginning with the date on which the appropriate officer is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be.
6
A requirement under subsection (4) above—
a
shall give the person at least 7 days within which he must so attend; and
b
may direct him to attend at a specified time of day or between specified times of day.
F236A
A constable may require a person who is subject to a control order to attend a police station in order to—
a
have his fingerprints taken in accordance with section 61(6BA);
b
have a non-intimate sample taken in accordance with section 63(3D).
7
Any constable may arrest without a warrant a person who has failed to comply with a requirement under subsection (4)
F24or (6A) above.
8
In this section “the appropriate officer” is—
a
in the case of a person falling within subsection (4)(a), the officer investigating the offence with which that person has been charged or as to which he was informed that he would be reported;
b
in the case of a person falling within subsection (4)(b), the officer in charge of the police station from which the investigation of the offence of which he was convicted was conducted.
F214
Schedule 2A (fingerprinting and samples: power to require attendance at police station) shall have effect.