The Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009

Fingerprinting

10.—(1) Except as provided by this article no person’s fingerprints may be taken without the appropriate consent.

(2) Consent to the taking of a person’s fingerprints must be in writing if it is given at a time when he is at a service police establishment.

(3) The fingerprints of a person in custody at a service police establishment may be taken without the appropriate consent if—

(a) he is in custody in consequence of his arrest for an applicable service offence; and

(b) he has not had his fingerprints taken in the course of the investigation of the offence by a service policeman.

(4) Where a person mentioned in sub-paragraph (a) of paragraph (3) or (5) has already had his fingerprints taken in the course of the investigation of the offence by a service policeman, that fact shall be disregarded for the purposes of that paragraph if—

(a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or

(b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).

(5) The fingerprints of a person in custody at a service police establishment may be taken without the appropriate consent if—

(a) he has been charged with an applicable service offence; and

(b) he has not had his fingerprints taken in the course of the investigation of the offence by a service policeman.

(6) Any person’s fingerprints may be taken without the appropriate consent if he has been convicted of a recordable service offence.

(7) In a case where by virtue of paragraph (3), (5) or (6) a person’s fingerprints are taken without the appropriate consent—

(a) he shall be told the reason before his fingerprints are taken; and

(b) the reason shall be recorded in writing by a service policeman as soon as is practicable after the fingerprints are taken.

(8) If a person’s fingerprints are taken at a service police establishment whether with or without the appropriate consent—

(a) before the fingerprints are taken, a service policeman shall inform him that they may be the subject of a speculative search; and

(b) the fact that the person has been informed of this possibility shall be recorded in writing by a service policeman as soon as is practicable after the fingerprints have been taken.

(9) If he is in custody at a service police establishment when the fingerprints are taken, the reason for taking them and, in the case falling within paragraph (8), the fact referred to in sub-paragraph (b) of that paragraph shall be recorded in writing by a service policeman.

(10) The power to take the fingerprints of a person in custody at a service police establishment without the appropriate consent shall be exercisable by any service policeman.

(11) Nothing in this article applies to a person arrested under an extradition arrest power.