The Police Service of Scotland Regulations 2013

Fingerprints and samples

13.—(1) All constables must on appointment and in accordance with the directions of the chief constable have their fingerprints and a sample taken.

(2) Fingerprints, samples or the information derived from samples of constables taken in accordance with this regulation must be kept separate from the fingerprints, samples or the information derived from samples—

(a) taken in accordance with—

(i) sections 18(1), 19(2), 19A(3) and 19AA(4) of the Criminal Procedure (Scotland) Act 1995;

(ii) section 56 of the Criminal Justice (Scotland) Act 2003(5);

(iii) in the case of fingerprints, section 87(5A)(b) of the Sexual Offences Act 2003(6);

(iv) in the case of samples or the information derived from samples, section 87(5A)(c) of the Sexual Offences Act 2003; or

(b) otherwise lawfully taken and held by or on behalf of the Police Service or in connection with or as a result of an investigation of an offence.

(3) Fingerprints and samples may only be taken for the purpose of enabling a check to be carried out against any other fingerprint, sample or information derived from a sample taken by or on behalf of the Police Service or in connection with or as a result of the investigation of a criminal offence.

(4) The fingerprints, samples or information derived from samples of a constable taken in accordance with paragraph (1), and all copies and records thereof must be destroyed on that constable ceasing to be a constable of the Police Service.

(5) 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)

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; the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), section 83 and schedule 6, paragraph 4; the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 77(2); and the Police and Fire Reform (Scotland) Act 2012 (asp 8), section 128(1) and schedule 7, paragraph 12(3).

(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; the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), section 77; the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 203 and schedule 7, paragraph 31; and the Police and Fire Reform (Scotland) Act 2012 (asp 8), section 128(1) and schedule 7, paragraph 12(7).

(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; the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 81, section 203 and schedule 7, paragraph 32; 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)

Section 87(5A) was added by the Police, Public Order and Criminal Justice (Scotland) Act 2006 (asp 10), section 77.