Terrorism Prevention and Investigation Measures Act 2011

Taking of fingerprints and samples: England, Wales and Northern Ireland

3 (1) A constable may—

(a) require an individual to attend a police station for the purposes of taking fingerprints or a non-intimate sample from the individual under paragraph 1, and

(b) arrest without warrant an individual who fails to comply with such a requirement.

(2) A requirement under sub-paragraph (1)(a)—

(a) must give the individual a period of at least 7 days within which the individual must attend the police station (subject to sub-paragraph (4)), and

(b) may direct the individual to attend at a specified time of day or between specified times of day.

(3) In specifying a period or time or times of day for the purposes of sub-paragraph (2), the constable must consider whether the fingerprints or non-intimate sample could reasonably be taken at a time when the individual is for any other reason required to attend the police station (including, in particular, under measures imposed on the individual by virtue of paragraph 10 of Schedule 1).

(4) In giving a requirement under this paragraph a constable may specify a period of shorter than 7 days if—

(a) there is an urgent need for the fingerprints or sample for the purposes of the investigation of an offence, and

(b) the shorter period is authorised by an officer of at least the rank of inspector.

(5) Where an authorisation is given under sub-paragraph (4)(b)—

(a) the fact of the authorisation, and

(b) the reasons for giving it,

must be recorded as soon as practicable after it has been given.

(6) If the constable who gives a requirement to an individual under this paragraph and the individual agree, it may be varied so as to specify any period within which, or date or time at which, the individual must attend; but a variation does not have effect unless confirmed by the constable in writing.