Prisoners and Criminal Proceedings (Scotland) Act 1993

28 Prints, samples etc. in criminal investigations. S

(1) This section applies where a person has been arrested and is in custody, or is detained under section 2(1) of the M1 Criminal Justice (Scotland) Act 1980 (detention and questioning).

(2) A constable may take from the person fingerprints, palmprints and such other prints and impressions of an external part of the body as the constable may, having regard to the circumstances of the suspected offence in respect of which the person has been arrested or detained, reasonably consider it appropriate to take.

(3) All record of any prints or impressions taken under subsection (2) above shall be destroyed immediately following a decision not to institute criminal proceedings against the person or on the conclusion of such proceedings otherwise than with a conviction or an order under section 383 (absolute discharge) or 384(1) (probation) of the 1975 Act.

(4) A constable may, with the authority of an officer of a rank no lower than inspector, take from the person—

(a) from the hair of an external part of the body, by means of cutting or combing, a sample of hair or other material;

(b) from a fingernail or toenail or from under any such nail, a sample of nail or other material;

(c) from an external part of the body, by means of swabbing or rubbing, a sample of blood or other body fluid, of body tissue or of other material.

(5) A constable may use reasonable force in exercising any power conferred by subsection (2) or (4) above.

(6) Nothing in this section shall prejudice—

(a) any power of search;

(b) any power to take possession of evidence where there is imminent danger of its being lost or destroyed; or

(c) any power to take prints, impressions or samples under the authority of a warrant.

Modifications etc. (not altering text)

C1 S. 28 applied (with modifications) (3.2.1995) by 1994 c. 33, s. 138(2); S.I. 1995/127, art. 2(1), Sch. 1

Marginal Citations

M1 1980 c. 62.