Police and Criminal Evidence Act 1984

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Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Police and Criminal Evidence Act 1984. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

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Changes and effects yet to be applied to :

Changes and effects

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s. 61(6)(a) word inserted by 2012 c. 10 Sch. 24 para. 7(2)(a)
s. 61(6)(b) word substituted by 2012 c. 10 Sch. 24 para. 7(2)(b)
s. 61(6)(c) and word omitted by 2012 c. 10 Sch. 24 para. 7(2)(c)
s. 61(6ZA)(a) words substituted by 2012 c. 10 Sch. 24 para. 7(3)

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 63D inserted by 2012 c. 9 s. 1
s. 63E inserted by 2012 c. 9 s. 2
s. 63F inserted by 2012 c. 9 s. 3
s. 63G inserted by 2012 c. 9 s. 3
s. 63H inserted by 2012 c. 9 s. 4
s. 63I inserted by 2012 c. 9 s. 5
s. 63J inserted by 2012 c. 9 s. 6
s. 63K inserted by 2012 c. 9 s. 7
s. 63L inserted by 2012 c. 9 s. 8
s. 63M inserted by 2012 c. 9 s. 9
s. 63N inserted by 2012 c. 9 s. 10
s. 63O inserted by 2012 c. 9 s. 11
s. 63P inserted by 2012 c. 9 s. 12
s. 63Q inserted by 2012 c. 9 s. 13
s. 63R inserted by 2012 c. 9 s. 14
s. 63S inserted by 2012 c. 9 s. 15
s. 63T inserted by 2012 c. 9 s. 16
s. 63U inserted by 2012 c. 9 s. 17
s. 63AA inserted by 2012 c. 9 s. 23
s. 63AB inserted by 2012 c. 9 s. 24
s. 65B inserted by 2012 c. 9 s. 18(5)

Commencement Orders yet to be applied to the Police and Criminal Evidence Act 1984:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/120 art. 2 Sch. commences (2002 c. 29)
S.I. 2003/708 art. 2 commences (2001 c. 16)
S.I. 2003/1900 art. 2(2) Sch. 2 commences (2003 c. 21)
S.I. 2003/3103 art. 2 commences (2003 c. 41)
S.I. 2003/3300 art. 2 commences (2003 c. 38)
S.I. 2004/3281 art. 2(2)(e) commences (2004 c. 36)
S.I. 2004/3338 art. 3(b) commences (2002 c. 30)
S.I. 2005/910 art. 3(u) art. 3(y) commences (2003 c. 39)
S.I. 2005/3175 art. 2(2) commences (2004 c. 33)
S.I. 2007/499 art. 2(2)(g) commences (2006 c. 45)
S.I. 2007/709 art. 3(n) commences (2006 c. 48)
S.I. 2007/1442 art. 2(1) commences (2006 c. 52)
S.I. 2007/2913 art. 3 commences (2006 c. 52)
S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
S.I. 2011/410 art. 2 commences (2005 c. 15)
S.I. 2011/414 art. 2 commences (2010 c. 17)
S.I. 2011/2144 art. 2 commences (2006 c. 48)
S.I. 2011/2148 art. 2 commences (2009 c. 25)
S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
S.I. 2012/1205 art. 2-4 commences (Commencment order for 2012 c. 9)
S.I. 2012/1320 art. 2-4 commences (2003 c. 44)
S.I. 2012/2373 art. 2(b) commences (2006 c. 48)
S.I. 2012/2374 art. 3(b) art. 3(b)(e) art. 3(c) commences (2009 c. 25)
S.S.I. 2003/210 art. 2(1)(b) 2(2) Sch. commences (2002 c. 29)

61Finger-printing.E+W

(1)Except as provided by this section no person’s fingerprints may be taken without the appropriate consent.

(2)Consent to the taking of a person’s fingerprints must be in writing if it is given at a time when he is at a police station.

[F1(3)The fingerprints of a person detained at a police station may be taken without the appropriate consent if—

(a)he is detained in consequence of his arrest for a recordable offence; and

(b)he has not had his fingerprints taken in the course of the investigation of the offence by the police.]

[F2(3A)[F3Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police], that fact shall be disregarded for the purposes of that subsection if—

(a)the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or

(b)some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).]

[F4(4)The fingerprints of a person detained at a police station may be taken without the appropriate consent if—

(a)he has been charged with a recordable offence or informed that he will be reported for such an offence; and

(b)he has not had his fingerprints taken in the course of the investigation of the offence by the police.]

[F5(4A)The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if—

(a)the court, or

(b)an officer of at least the rank of inspector,

authorises them to be taken.

(4B)A court or officer may only give an authorisation under subsection (4A) if—

(a)the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that he is not the same person; or

(b)the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion.]

(5)An officer may give an authorisation under [F6subsection (4A)]F6 above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

(6)Any person’s fingerprints may be taken without the appropriate consent if

[F7(a)he has been convicted of a recordable offence;

(b)he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted; or

(c)he has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 (c. 37) for a recordable offence.]

(7)In a case where by virtue of [F8subsection (3), (4) or (6)]F8 above a person’s fingerprints are taken without the appropriate consent—

(a)he shall be told the reason before his fingerprints are taken; and

(b)the reason shall be recorded as soon as is practicable after the fingerprints are taken.

[F9(7A)If a person’s fingerprints are taken at a police station, whether with or without the appropriate consent—

(a)before the fingerprints are taken, an officer shall inform him that they may be the subject of a speculative search; and

(b)the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.]

(8)If he is detained at a police station when the fingerprints are taken, the reason for taking them [F10and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection] shall be recorded on his custody record.

(8A)F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(8B)The power to take the fingerprints of a person detained at a police station without the appropriate consent shall be exercisable by any constable.]

F12(9)Nothing in this section—

(a)affects any power conferred by paragraph 18(2) of Schedule 2 to the M1Immigration Act 1971; or

[F13(b)applies to a person arrested or detained under the terrorism provisions.]

[F14(10)Nothing in this section applies to a person arrested under an extradition arrest power.]

Annotations:

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 61(3) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 9(2), 336; S.I. 2004/829, art. 2(1)(2)(a) (subject to art. 2(3)-(6))

F2S. 61(3A) inserted (1.1.2003) by 2001 c. 16, s. 78(3); S.I. 2002/3032, art. 2(a)

F3Words in s. 61(3A) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 9(3), 336; S.I. 2004/829, art. 2(1)(2)(a) (subject to art. 2(3)-(6))

F4S. 61(4) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 9(2), 336; S.I. 2004/829, art. 2(1)(2)(a) (subject to art. 2(3)-(6))

F5S. 61(4A)(4B) inserted (1.1.2003) by 2001 c. 16, s. 78(4); S.I. 2002/3032, art. 2(a)

F6Words in s. 61(5) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 9(4), 336; S.I. 2004/829, art. 2(1)(2)(a) (subject to art. 2(3)-(6))

F7S. 61(6)(a)-(c) substituted (1.1.2003) for words in s. 61(6) by 2001 c. 16, s. 78(6); S.I. 2002/3032, art. 2(a)

F8Words in s. 61(7) substituted (5.4.2004) by Criminal Justice Act 2003 (c. 44), ss. 9(5), 336; S.I. 2004/829, art. 2(1)(2)(a) (subject to art. 2(3)-(6))

F9S. 61(7A) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 56(a); S.I. 1995/721, art. 2, Sch. Appendix A

F10Words in s. 61(8) inserted (10.4.1995) by 1994 c. 33, s. 168(2), Sch. 10 para. 56(b); S.I. 1995/721, art. 2, Sch. Appendix A

F11S. 61(8A) repealed (12.1.2010) by Policing and Crime Act 2009 (c. 26), ss. 112(1)(2), 116(6), Sch. 7 para. 127(2), Sch. 8 Pt. 13