The Police (Special Constables) (Scotland) Regulations 2008

Fingerprints

This section has no associated Executive Note

12.—(1) All special constables, except those who are appointed following their transfer from another police force, must on appointment and in accordance with the directions of the chief constable have their fingerprints taken.

(2) Fingerprints of special constables taken in accordance with this regulation must be kept separate from the fingerprints taken in accordance with sections 18, 19, 19A and 19AA of the Criminal Procedure (Scotland) Act 1995(1), section 56 of the Criminal Justice (Scotland) Act 2003(2), section 87(5A)(c) of the Sexual Offences Act 2003(3) or otherwise lawfully taken and held by or on behalf of any police force, or in connection with or as a result of an investigation of an offence.

(3) The fingerprints shall be taken for the purpose of enabling a check to be carried out against any other fingerprint taken by or on behalf of any police force or in connection with or as a result of an investigation of an offence.

(4) The fingerprints of a special constable taken in accordance with this regulation and all copies and records must be destroyed upon that person ceasing to be a special constable of a police force, except that, where that person becomes a special constable of another police force, that person’s fingerprints and all copies and records must be transferred to the chief constable of that other police force.

(1)

1995 c. 46; section 19A was inserted by the Crime and Punishment Act 1997 (c. 48) (“the 1997 Act”), section 48(2); section 19AA was inserted by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10) (“the 2006 Act”), section 77(2); section 18 was amended by the 1997 Act, section 47 and Schedule 3, the Criminal Justice (Scotland) Act 2003 (asp 7) (“the 2003 Act”), section 55, the 2006 Act, section 83(1) and schedule 6, paragraph 4; section 19 was amended by the 1997 Act, sections 47 and 48, the 2003 Act, section 55 and the 2006 Act, section 77(3); section 19A was amended by the 2006 Act, section 77(4) and schedule 6, paragraph 4.

(3)

2003 c. 42; section 87(5A) was inserted by the 2006 Act, section 77(7).