(1)If—
(a)fingerprints or samples are taken from a person in connection with the investigation of an offence; and
(b)he is cleared of that offence,
they must [F2, except as provided in subsection (3A) below,] be destroyed as soon as is practicable after the conclusion of the proceedings.
(2)If—
(a)fingerprints or samples are taken from a person in connection with such an investigation; and
(b)it is decided that he shall not be prosecuted for the offence and he has not admitted it and been dealt with by way of being cautioned by a constable,
they must [F2, except as provided in subsection (3A) below,] be destroyed as soon as is practicable after that decision is taken.
(3)If—
(a)fingerprints or samples are taken from a person in connection with the investigation of an offence; and
(b)that person is not suspected of having committed the offence,
they must [F2, except as provided in subsection (3A) below,] be destroyed as soon as they have fulfilled the purpose for which they were taken.
[F3(3A)Samples which are required to be destroyed under subsection (1), (2) or (3) above need not be destroyed if they were taken for the purpose of the same investigation of an offence of which a person from whom one was taken has been convicted, but the information derived from the sample of any person entitled (apart from this subsection) to its destruction under subsection (1), (2) or (3) above shall not be used—
(a)in evidence against the person so entitled; or
(b)for the purposes of any investigation of an offence.
(3B)Where samples are required to be destroyed under subsections (1), (2) or (3) above, and subsection (3A) above does not apply, information derived from the sample of any person entitled to its destruction under subsection (1), (2) or (3) above shall not be used—
(a)in evidence against the person so entitled; or
(b)for the purposes of any investigation of an offence.]
(4)Proceedings which are discontinued are to be treated as concluded for the purposes of this section.
[F4(5)If fingerprints are destroyed—
(a)any copies of the fingerprints shall also be destroyed; and
(b)any chief officer of police controlling access to computer data relating to the fingerprints shall make access to the data impossible, as soon as it is practicable to do so.]
(6)A person who asks to be allowed to witness the destruction of his fingerprints or copies of them shall have a right to witness it.
[F5(6A)If—
(a)subsection (5)(b) above falls to be complied with; and
(b)the person to whose fingerprints the data relate asks for a certificate that it has been complied with,
such a certificate shall be issued to him, not later than the end of the period of three months beginning with the day on which he asks for it, by the responsible chief officer of police or a person authorised by him or on his behalf for the purposes of this section.
(6B)In this section— F6. . . “the responsible chief officer of police” means the chief officer of police in whose [F7police] area the computer data were put on to the computer.]
(7)Nothing in this section—
(a)affects any power conferred by paragraph 18(2) of Schedule 2 to the M1Immigration Act 1971; or
(b)applies to a person arrested or detained under the terrorism provisions.
Textual Amendments
F1S. 64 applied (prosp.) by 2001 c. 17, ss. 34(1), 82, Sch. 4 para. 8
F2Words in s. 64(1)(2)(3) inserted (10.4.1995) by 1994 c. 33, s. 57(2); S.I. 1995/721, art. 2, Sch.
F3S. 64(3A)(3B) inserted (10.4.1995) by 1994 c. 33, s. 57(3); S.I. 1995/721, art. 2, Sch.
F4S. 64(5) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 148(1)
F6Definition of
“chief officer of police”
and the word
“and”
immediately after it in s. 64(6B) repealed (22.8.1996) by 1996 c. 16, ss. 103(1)(3), 104(1), Sch. 7 Pt. II para. 37(a), Sch. 9 Pt.I
F7Word “police” in definition of “the responsible chief officer of police” inserted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 para. 37(b)
Modifications etc. (not altering text)
C1S. 64 applied with modifications by S.I. 1985/1882, art. 9
C2Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2
C3S. 64(1)-(6) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).
S. 64(1)(3)-(6B) applied (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.
S. 64(2) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1),Sch.
Marginal Citations