SCHEDULES

Section 63A(4)

[F1SCHEDULE 2A E+WFingerprinting [F2, samples and photographs]: power to require attendance at police station

Textual Amendments

F1Sch. 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)

Part 1E+WFingerprinting

Persons arrested and releasedE+W

1(1)A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5A).E+W

(2) The power under sub-paragraph (1) above may not be exercised in a case falling within [F3 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.

[F4(4)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.]

Textual Amendments

Persons charged etc E+W

2(1)A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5B).E+W

(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) in a case falling within [F5 section 61(5B)(b)(i) ] (fingerprints taken on previous occasion insufficient etc ), the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied. [F6, or

(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.

Textual Amendments

Persons convicted etc of an offence in England and Wales E+W

3(1)A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6).E+W

(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 [F7 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 [F8 or caution ] ).

Textual Amendments

Persons subject to a control orderE+W

F94E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Persons convicted etc of an offence outside England and Wales E+W

Prospective

[F105E+WA constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6D).

Textual Amendments

F10Sch. 2A inserted (prosp.) by Crime and Security Act 2010 (c. 17), ss. 6(2), 59

Multiple attendanceE+W

Prospective

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.E+W

(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 2E+WIntimate samples

Persons suspected to be involved in an offenceE+W

Prospective

7E+WA 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 E+W

Prospective

8E+WA 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 3E+WNon-intimate samples

Persons arrested and releasedE+W

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).E+W

(2) The power under sub-paragraph (1) above may not be exercised in a case falling [F11 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.

[F12(4)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.]

Textual Amendments

Persons charged etc E+W

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).E+W

(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 [F13 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.

[F14(5)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.]

Textual Amendments

Persons convicted etc of an offence in England and Wales E+W

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).E+W

(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 [F15 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 [F16 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.

Textual Amendments

Persons subject to a control orderE+W

F1712E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

Persons convicted etc of an offence outside England and WalesE+W

13E+WA 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).

Prospective

Multiple exercise of powerE+W

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.E+W

(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.

[F18PART 3AE+WPhotographs

Textual Amendments

Persons arrested and releasedE+W

14A(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.

Persons charged etc.E+W

14B(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.

Persons convicted of an offence etc. in England and WalesE+W

14C(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).

Persons convicted of an offence etc. outside England and WalesE+W

14DA constable may require a person falling within section 64A(1H) to attend at a police station to be photographed under section 64A(1C).

Multiple exercise of powerE+W

14E(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 4E+WGeneral and supplementary]

Prospective

Requirement to have power to take fingerprints [F19, sample or photograph]E+W

Textual Amendments

15E+WA power conferred by this Schedule to require a person to attend a police station for the purposes of taking fingerprints [F20, a sample or a photograph] under any provision of this Act may be exercised only in a case where the fingerprints [F21, sample or photograph] may be taken from the person under that provision (and, in particular, if any necessary authorisation for taking the fingerprints [F21, sample or photograph] under that provision has been obtained).

Textual Amendments

Prospective

Date and time of attendanceE+W

16[F22(1)A requirement under this Schedule—E+W

(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)In specifying a [F23date, time or times] for the purposes of sub-paragraph (1) above, the constable shall consider whether the fingerprints [F24, sample or photograph] could reasonably be taken at a time when the person is for any other reason required to attend the police station.

F25(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F26(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F27any 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.

Textual Amendments

Prospective

EnforcementE+W

17E+WA constable may arrest without warrant a person who has failed to comply with a requirement under this Schedule.]