Part V Questioning and Treatment of Persons by Police

C2C361 Finger-printing. C1

C41

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

C42

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.

C43

The fingerprints of a person detained at a police station may be taken without the appropriate consent—

a

if an officer of at least the rank of superintendent authorises them to be taken; or

b

if—

i

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

ii

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

C44

An officer may only give an authorisation under subsection 3(a) above if he has reasonable grounds—

a

for suspecting the involvement of the person whose fingerprints are to be taken in a criminal offence; and

b

for believing that his fingerprints will tend to confirm or disprove his involvement F1or will facilitate the ascertainment of his identity (within the meaning of section 54A), or both.

F2but an authorisation shall not be given for the purpose only of facilitating the ascertainment of that person’s identity except where he has refused to identify himself or the officer has reasonable grounds for suspecting that he is not who he claims to be.

C45

An officer may give an authorisation under subsection 3(a) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.

C46

Any person’s fingerprints may be taken without the appropriate consent if he has been convicted of a recordable offence.

C47

In a case where by virtue of subsection (3) or (6) 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.

F37A

If a person’s fingerprints are taken at a police station, whether with or without the appropriate consent—

C5a

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.

C48

If he is detained at a police station when the fingerprints are taken, the reason for taking them F4and, 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.

9

Nothing in this section—

a

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

F5b

applies to a person arrested or detained under the terrorism provisions.