SCHEDULES
F18SCHEDULE 2A Fingerprinting F2, samples and photographs: power to require attendance at police station
Words in Sch. 2A heading substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 52(4), 208(5)(e)
Part 1Fingerprinting
Persons arrested and released
1
1
A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5A).
2
The power under sub-paragraph (1) above may not be exercised in a case falling within F13 section 61(5A)(b)(i) (fingerprints taken on previous occasion insufficient etc ) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied.
3
In sub-paragraph (2) above “ appropriate officer ” means the officer investigating the offence for which the person was arrested.
F114
The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.
Persons charged etc
2
1
A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5B).
2
The power under sub-paragraph (1) above may not be exercised after the end of the period of six months beginning with—
a
in a case falling within section 61(5B)(a) (fingerprints not taken previously), the day on which the person was charged or informed that he would be reported, or
b
c
in a case falling within section 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed.
3
In sub-paragraph (2)(b) above “ appropriate officer ” means the officer investigating the offence for which the person was charged or informed that he would be reported.
Persons convicted etc of an offence in England and Wales
3
1
A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6).
2
Where the condition in section 61(6ZA)(a) is satisfied (fingerprints not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which the person was convicted F5 or cautioned , or
b
if later, the day on which this Schedule comes into force.
3
Where the condition in section 61(6ZA)(b) is satisfied (fingerprints taken on previous occasion insufficient etc ), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which an appropriate officer was informed that section 61(3A)(a) or (b) applied, or
b
if later, the day on which this Schedule comes into force.
4
In sub-paragraph (3)(a) above “ appropriate officer ” means an officer of the police force which investigated the offence in question.
5
Sub-paragraphs (2) and (3) above do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction F12 or caution ).
Persons subject to a control order
F34
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons convicted etc of an offence outside England and Wales
F15
A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6D).
Multiple attendance
6
1
Where a person's fingerprints have been taken under section 61 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have his fingerprints taken under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.
2
Where an authorisation is given under sub-paragraph (1) above—
a
the fact of the authorisation, and
b
the reasons for giving it,
shall be recorded as soon as practicable after it has been given.
Part 2Intimate samples
Persons suspected to be involved in an offence
7
A constable may require a person to attend a police station for the purpose of taking an intimate sample from him under section 62(1A) if, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken from him but have proved insufficient.
Persons convicted etc of an offence outside England and Wales
8
A constable may require a person to attend a police station for the purpose of taking a sample from him under section 62(2A) if two or more non-intimate samples suitable for the same means of analysis have been taken from him under section 63(3E) but have proved insufficient.
Part 3Non-intimate samples
Persons arrested and released
9
1
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3ZA).
2
The power under sub-paragraph (1) above may not be exercised in a case falling F6 within section 63(3ZA)(b)(i) or (ii) (sample taken on a previous occasion not suitable etc ) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3ZA)(b)(i) or (ii).
3
In sub-paragraph (2) above, “ appropriate officer ” means the officer investigating the offence for which the person was arrested.
F104
The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.
Persons charged etc
10
1
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3A).
2
The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(a) (sample not taken previously) after the end of the period of six months beginning with the day on which he was charged or informed that he would be reported.
3
The power under sub-paragraph (1) above may not be exercised in a case falling F16 within section 63(3A)(b)(i) or (ii) (sample taken on a previous occasion not suitable etc ) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3A)(b)(i) or (ii).
4
In sub-paragraph (3) above “ appropriate officer ” means the officer investigating the offence for which the person was charged or informed that he would be reported.
F275
The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.
Persons convicted etc of an offence in England and Wales
11
1
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3B).
2
Where the condition in section 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which the person was convicted F8 or cautioned , or
b
if later, the day on which this Schedule comes into force.
3
Where the condition in section 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc ), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
a
the day on which an appropriate officer was informed of the matters specified in section 63(3BA)(b)(i) or (ii), or
b
if later, the day on which this Schedule comes into force.
4
In sub-paragraph (3)(a) above “ appropriate officer ” means an officer of the police force which investigated the offence in question.
5
Sub-paragraphs (2) and (3) above do not apply where—
a
the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction F25 or caution ), or
b
he was convicted before 10th April 1995 and is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies.
Persons subject to a control order
F2112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Persons convicted etc of an offence outside England and Wales
13
A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3E).
Multiple exercise of power
14
1
Where a non-intimate sample has been taken from a person under section 63 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have another such sample taken from him under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.
2
Where an authorisation is given under sub-paragraph (1) above—
a
the fact of the authorisation, and
b
the reasons for giving it,
shall be recorded as soon as practicable after it has been given.
F20PART 3APhotographs
Sch. 2A Pt. 3A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 52(5), 208(5)(e)
14APersons arrested and released
1
A constable may require a person who falls within section 64A(1D)(a) to attend a police station to be photographed under section 64A(1C).
2
The power under sub-paragraph (1) may not be exercised in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 64(1E)(b)(i) applied.
3
In sub-paragraph (2) the “appropriate officer” means the officer investigating the offence for which the person was arrested.
14BPersons charged etc.
1
A constable may require a person who falls within section 64A(1D)(b) or (c) to attend a police station to be photographed under section 64A(1C).
2
The power under sub-paragraph (1) may not be exercised after the end of the period of six months beginning with—
a
in a case where section 64A(1E)(a) applies (photograph not previously taken), the day on which the person was charged or informed that they would be reported, or
b
in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate), the day on which the appropriate officer was informed that section 64A(1E)(b)(i) applied.
3
In sub-paragraph (2)(b) the “appropriate officer” means the officer investigating the offence for which the person was charged or informed that they would be reported.
14CPersons convicted of an offence etc. in England and Wales
1
A constable may require a person who falls within section 64A(1F) to attend a police station to be photographed under section 64A(1C).
2
Where section 64A(1G)(a) applies (photographs not previously taken), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—
a
the day on which the person was convicted or cautioned, or
b
if later, the day on which this Part comes into force.
3
Where section 64A(1G)(b) applies (photograph taken on previous occasion unavailable or inadequate), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with—
a
the day on which an appropriate officer was informed that section 64A(1G)(b)(i) applied, or
b
if later, the day on which this Part comes into force.
4
In sub-paragraph (3)(a), “appropriate officer” means an officer of the police force which investigated the offence in question.
5
Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution).
14DPersons convicted of an offence etc. outside England and Wales
A constable may require a person falling within section 64A(1H) to attend at a police station to be photographed under section 64A(1C).
14EMultiple exercise of power
1
Where a photograph is taken of a person under section 64A on two occasions in relation to any offence, the person may not under this Schedule be required to attend a police station to be photographed under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.
2
Where an authorisation is given under sub-paragraph (1)—
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.
Part 4General and supplementary
Requirement to have power to take fingerprints F15, sample or photograph
Words in Sch. 2A para. 15 cross-heading substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 52(6), 208(5)(e)
15
A power conferred by this Schedule to require a person to attend a police station for the purposes of taking fingerprints F24, a sample or a photograph under any provision of this Act may be exercised only in a case where the fingerprints F14, sample or photograph may be taken from the person under that provision (and, in particular, if any necessary authorisation for taking the fingerprints F14, sample or photograph under that provision has been obtained).
Date and time of attendance
16
F261
A requirement under this Schedule—
a
must direct the person to attend the police station on a specified date, and
b
may either direct the person to attend the police station at a specified time on that date or direct the person to attend the police station between specified times on that date.
2
F173
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F234
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5
If the constable giving a requirement under this Schedule and the person to whom it is given so agree, it may be varied so as to specify F9any date, time at which or times between which the person must attend; but a variation shall not have effect unless confirmed by the constable in writing.
Enforcement
17
A constable may arrest without warrant a person who has failed to comply with a requirement under this Schedule.
Sch. 2A inserted (E.W.) (7.3.2011 except for the insertion of Sch. 2A paras. 4, 12) by Crime and Security Act 2010 (c. 17), ss. 6(2), 59(1); S.I. 2011/414, art. 2(d)