Serious Organised Crime and Police Act 2005

118 Impressions of footwear E+W

(1) PACE is amended as provided in subsections (2) to (4).

(2) After section 61 insert—

“61A Impressions of footwear

(1) Except as provided by this section, no impression of a person's footwear may be taken without the appropriate consent.

(2) Consent to the taking of an impression of a person's footwear must be in writing if it is given at a time when he is at a police station.

(3) Where a person is detained at a police station, an impression of his footwear may be taken without the appropriate consent if—

(a) he is detained in consequence of his arrest for a recordable offence, or has been charged with a recordable offence, or informed that he will be reported for a recordable offence; and

(b) he has not had an impression taken of his footwear in the course of the investigation of the offence by the police.

(4) Where a person mentioned in paragraph (a) of subsection (3) above has already had an impression taken of his footwear in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if the impression of his footwear taken previously is—

(a) incomplete; or

(b) is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).

(5) If an impression of a person's footwear is taken at a police station, whether with or without the appropriate consent—

(a) before it is taken, an officer shall inform him that it may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the impression has been taken, and if he is detained at a police station, the record shall be made on his custody record.

(6) In a case where, by virtue of subsection (3) above, an impression of a person's footwear is taken without the appropriate consent—

(a) he shall be told the reason before it is taken; and

(b) the reason shall be recorded on his custody record as soon as is practicable after the impression is taken.

(7) The power to take an impression of the footwear of a person detained at a police station without the appropriate consent shall be exercisable by any constable.

(8) Nothing in this section applies to any person—

(a) arrested or detained under the terrorism provisions;

(b) arrested under an extradition arrest power.”

(3) Section 63A (fingerprints and samples: supplementary provisions) is amended as follows—

(a) in subsection (1), after “fingerprints”, in both places, insert “ , impressions of footwear ”,

(b) in subsection (1C)—

(i) in paragraph (a), after “fingerprints” insert “ , impressions of footwear ”,

(ii) in paragraph (b), after “fingerprints” insert “ , of the impressions of footwear ”,

(iii) after the third “fingerprints” insert “ or impressions of footwear ”,

(iv) after the fourth “fingerprints” insert “ , impressions of footwear ”.

(4) Section 64 (destruction of fingerprints and samples) is amended as follows—

(a) in subsection (1A), after “fingerprints” in both places where it occurs insert “ , impressions of footwear ”,

(b) in subsection (1B)(a), after “fingerprint” insert “ or an impression of footwear ”,

(c) in subsection (3), after “fingerprints” insert “ , impressions of footwear ”,

(d) in subsection (3AA)—

(i) for “and fingerprints” substitute “ , fingerprints and impressions of footwear ”,

(ii) in paragraph (b), for “or, as the case may be, fingerprint” substitute “ , fingerprint, (or as the case may be) an impression of footwear ”,

(e) in subsection (3AB)—

(i) after each of the first and third places “fingerprint” occurs insert “ , impression of footwear ”,

(ii) after the second place “fingerprint” occurs, insert “ , nor the impression of footwear, ”,

(f) in subsection (3AC), after “fingerprint” in each place where it occurs (including the “fingerprint” in paragraph (a) inserted by section 117(10)(a) of this Act), insert “ , impression of footwear ”,

(g) in subsection (3AD), after “fingerprint” insert “ , impression of footwear ”,

(h) in subsection (5), after “fingerprints” in each place where it occurs insert “ or impressions of footwear ”,

(i) in subsection (6), after “fingerprints” insert “ or impressions of footwear ”,

(j) in subsection (6A), after “fingerprints” insert “ or impressions of footwear ”.

Commencement Information

I1 S. 118 in force at 1.1.2006 by S.I. 2005/3495, art. 2(1)(p)