The Scottish Crime and Drug Enforcement Agency (Scotland) Regulations 2011

Fingerprints and samples

13.—(1) All police members must have―

(a) their fingerprints; and

(b) a sample,

taken in accordance with the directions of the Director General.

(2) Fingerprints of police members taken in accordance with paragraph (1)(a) must be kept separate from the fingerprints of any person whose fingerprints have been taken otherwise than in accordance with that paragraph.

(3) Samples, or the information derived from samples, of police members taken in accordance with paragraph (1)(b) must be kept separate from the samples, or the information derived from samples, taken in accordance with sections 18(1), 19(2), 19A(3) and 19AA(4) of the Criminal Procedure (Scotland) Act 1995, section 56 of the Criminal Justice (Scotland) Act 2003(5), section 87(5A)(c) of the Sexual Offences Act 2003(6) or otherwise lawfully taken and held by or on behalf of any police force or the Agency, or in connection with or as a result of an investigation of an offence.

(4) The fingerprints and samples taken in accordance with paragraph (1) may be used only for the purpose of a comparison against any other fingerprint or sample, or information derived from that sample, taken by or on behalf of any police force, or by the Agency, or in connection with or as a result of the investigation of an offence.

(5) Subject to paragraph (6)―

(a) the fingerprints of a police member taken in accordance with paragraph (1)(a), and all copies and records of those fingerprints; and

(b) the samples, or information derived from the samples, taken in accordance with paragraph (1)(b), and all copies and records of those samples,

must be destroyed as soon as practicable after that person ceases to be a police member.

(6) Where a police member transfers to a police force, that person’s fingerprints and samples (and information derived from the samples) must be transferred to the chief constable of that force.

(7) In regulation 18(3) of the 2004 Regulations, after the words “another force,” insert “, or is appointed as a police member of the Scottish Crime and Drug Enforcement Agency under paragraph 7(2)(c) of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006,”.

(8) In regulation 19(4) of the 2004 Regulations(7), after the words “another force,” insert, “, or is appointed as a police member of the Scottish Crime and Drug Enforcement Agency under paragraph 7(2)(c) of schedule 2 to the Police, Public Order and Criminal Justice (Scotland) Act 2006,”.

(9) In this regulation “sample” means―

(a) a sample of hair, other than pubic hair, complete with roots;

(b) saliva; or

(c) a swab taken from the mouth.

(1)

1995 c.46. Section 18 has been amended by the Crime and Punishment (Scotland) Act 1997 (c.48), sections 47 and 62 and Schedule 3; the Crime and Disorder Act 1998 (c.37), section 119 and Schedule 8, paragraph 117; the Terrorism Act 2000 (c.11), section 41 and Schedule 8, paragraph 20; the Criminal Justice (Scotland) Act 2003 (asp 7), section 55; and the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), section 83 and Schedule 6, paragraph 4.

(2)

Section 19 has been amended by the Crime and Punishment (Scotland) Act 1997 (c.48), sections 47, 48 and 62 and the Criminal Justice (Scotland) Act 2003 (asp 7), section 55; and the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), section 77.

(3)

Section 19A was added by section 48 of the Crime and Punishment (Scotland) Act 1997 (c.48) and has been amended by the Criminal Justice (Scotland) Act 2003 (asp 7), section 55; the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), section 77 and schedule 6, paragraph 4; the Sexual Offences (Scotland) Act 2009 (asp 9), schedule 5, paragraph 2; and S.S.I. 2005/465, Schedule 1, paragraph 27.

(4)

Section 19AA was added by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), section 77.

(5)

2003 asp 7.

(6)

2003 c.42. Section 87 has been amended by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), sections 77 and 78.

(7)

Regulation 19 has been amended by S.S.I. 2007/134, regulation 8.