Crime and Security Act 2010

Valid from 07/03/2011

4 Information to be given on taking of material E+W

Fingerprinting

(1) In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting), for subsection (7) there is substituted—

“(7) Where a person's fingerprints are taken without the appropriate consent by virtue of any power conferred by this section—

(a) before the fingerprints are taken, the person shall be informed of—

(i) the reason for taking the fingerprints;

(ii) the power by virtue of which they are taken; and

(iii) in a case where the authorisation of the court or an officer is required for the exercise of the power, the fact that the authorisation has been given; and

(b) those matters shall be recorded as soon as practicable after the fingerprints are taken.”

(2) In that section, in subsection (7A)—

(a) for “subsection (6A)”, in the first place, there is substituted “ subsection (4A), (6A) ”;

(b) in paragraph (a), for the words from “(or” to “constable)” there is substituted “ (or, where by virtue of subsection (4A), (6A) or (6BA) the fingerprints are taken at a place other than a police station, the constable taking the fingerprints) ”.

(3) In that section, in subsection (8) (requirement to record reason for taking fingerprints on custody record), for “the reason for taking them” there is substituted “ the matters referred to in subsection (7)(a)(i) to (iii) above ”.

Intimate samples

(4) In section 62 of that Act (intimate samples), for subsections (5) to (7A) there is substituted—

“(5) Before an intimate sample is taken from a person, an officer shall inform him of the following—

(a) the reason for taking the sample;

(b) the fact that authorisation has been given and the provision of this section under which it has been given; and

(c) if the sample was taken at a police station, the fact that the sample may be the subject of a speculative search.

(6) The reason referred to in subsection (5)(a) above must include, except in a case where the sample is taken under subsection (2A) above, a statement of the nature of the offence in which it is suspected that the person has been involved.

(7) After an intimate sample has been taken from a person, the following shall be recorded as soon as practicable—

(a) the matters referred to in subsection (5)(a) and (b) above;

(b) if the sample was taken at a police station, the fact that the person has been informed as specified in subsection (5)(c) above; and

(c) the fact that the appropriate consent was given.”

(5) In that section, in subsection (8), the words “or (7A)” are repealed.

(6) In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by detention officers), in paragraph 30 (warnings about intimate samples), for “section 62(7A)(a)” there is substituted “ section 62(5)(c) ”.

Non-intimate samples

(7) In section 63 of that Act (non-intimate samples), for subsections (6) to (8A) there is substituted—

“(6) Where a non-intimate sample is taken from a person without the appropriate consent by virtue of any power conferred by this section—

(a) before the sample is taken, an officer shall inform him of—

(i) the reason for taking the sample;

(ii) the power by virtue of which it is taken; and

(iii) in a case where the authorisation of an officer is required for the exercise of the power, the fact that the authorisation has been given; and

(b) those matters shall be recorded as soon as practicable after the sample is taken.

(7) The reason referred to in subsection (6)(a)(i) above must include, except in a case where the non-intimate sample is taken under subsection (3B) or (3E) above, a statement of the nature of the offence in which it is suspected that the person has been involved.”

(8) In that section, in subsection (9) (requirement to record matters on custody record), for “subsection (8) or (8A) or (8B)” there is substituted “ subsection (6) or (8B) ”.