Search Legislation

Police and Criminal Evidence Act 1984

 Help about what version

What Version

 Help about advanced features

Advanced Features

Status:

Point in time view as at 01/12/2005. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

Police and Criminal Evidence Act 1984, Section 63A is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

[F163A Fingerprints and samples: supplementary provisions.E+W

[F2(1)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—

[F5(a)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.]]

[F7((1ZA))Fingerprints taken by virtue of section 61(6A) above may be checked against [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.]]

[F9(1A)In subsection (1) [F10and (1ZA) ] above “relevant law-enforcement authority” means—

(a)a police force;

[F11(b)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.

F9(1B)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.

F9(1C)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,

the fingerprints [F16or impressions of footwear] or, as the case may be, those samples and that information may be checked against any of the fingerprints [F17, impressions of footwear] , samples or information mentioned in paragraph (a) or (b) of that subsection.

F9(1D)A consent given for the purposes of subsection (1C) above shall not be capable of being withdrawn.]

[F18(1E)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.]

(2)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.

[F19(3A)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.]

[F21(4)Schedule 2A (fingerprinting and samples: power to require attendance at police station) shall have effect.]

Textual Amendments

F1S. 63A inserted (10.4.1995) by 1994 c. 33, s. 56; S.I. 1995/721, art. 2, Sch.

F2S. 63A(1)(1A) substituted for s. 63A(1) (5.7.1996) by 1996 c. 25, s. 64 (with s. 78(1))

F3Words in s. 63A(1) inserted (prosp.) by Counter-Terrorism Act 2008 (c. 28), ss. 10(3)(a), 100 (with s. 101(2))

F5S. 63A(1)(a)(b) substituted (prosp.) by Counter-Terrorism Act 2008 (c. 28), ss. 14(2), 100 (with s. 101(2))

F6Words in s. 63A(1)(a) substituted (11.5.2001) by 2001 c. 16, s. 81(1)

F8Words in s. 63A(1ZA) substituted (prosp.) by Counter-Terrorism Act 2008 (c. 28), ss. 14(3), 100 (with s. 101(2))

F9S. 63A(1A)-(1D) substituted (11.5.2001) for s. 63A(1A) by 2001 c. 16, s. 81(2)

F11S. 63A(1A)(b) substituted (1.4.2006) for s. 63A(1A)(b)(c) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 46; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F12Words in s. 63A(1B)(h) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 100(a); S.I. 2007/1442, art. 2(1)

F13S. 63A(1B)(k) omitted (1.1.2008) by virtue of and repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 100(b), Sch. 17; S.I. 2007/2913, art. 3; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F19S. 63A(3A)(3B) inserted (19.3.1997) by 1997 c. 17, s. 3

F20Words in s. 63A(3B) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 97

F21S. 63A(4) substituted (prosp.) for s. 63A(4)-(8) by Crime and Security Act 2010 (c. 17), ss. 6(1), 59

F22Words in s. 63A(5)(a) inserted (19.3.1997) by 1997 c. 17, s. 4

F23S. 63A(6A) inserted (prosp.) by Counter-Terrorism Act 2008 (c. 28), ss. 10(3)(b), 100 (with s. 101(2))

F24Words in s. 63A(7) inserted (prosp.) by Counter-Terrorism Act 2008 (c. 28), ss. 10(6)(c), 91, 100 (with s. 101(2))

Modifications etc. (not altering text)

C1S. 63A(1) restricted (1.9.2001) by 2001 c. 17, s. 34(1), Sch. 4 para. 7(3); S.I. 2001/2161, art. 2 (subject to art. 3)

C4S. 63A(1) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.

S. 63A(2) applied (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.

Marginal Citations

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources