Police and Criminal Evidence Act 1984

F164 Destruction of fingerprints and samples.E+W

[F2(1A)Where—

(a)fingerprints [F3, impressions of footwear]F3 or samples are taken from a person in connection with the investigation of an offence, and

(b)subsection (3) below does not require them to be destroyed,

the fingerprints [F3, impressions of footwear]F3 or samples may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person [F4except as described in subsection (1AB) ]F4 .

[F6(1AA)Where fingerprints or samples are taken from a person who is subject to a control order the fingerprints or samples may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except as described in subsection (1AB).]

[F7F6(1AB)The fingerprints, impressions of footwear or samples may be used—

(a)in the interests of national security,

(b)for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

(c)for purposes related to the identification of a deceased person or of the person from whom the material came.]

F7(1B)In subsection (1A) [F8, (1AA) [F9or (1AB) F9]] F8 above—

(a)the reference to using a fingerprint [F10or an impression of footwear]F10 includes a reference to allowing any check to be made against it under section 63A(1) or (1C) above and to disclosing it to any person;

(b)the reference to using a sample includes a reference to allowing any check to be made under section 63A(1) or (1C) above against it or against information derived from it and to disclosing it or any such information to any person;

(c)the reference to crime includes a reference to any conduct which—

(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or

(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;

and

(d)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.]

[F11(1BA)Fingerprints taken from a person by virtue of section 61(6A) above must be destroyed as soon as they have fulfilled the purpose for which they were taken.]

F11(3)If—

(a)fingerprints [F12, impressions of footwear]F12 or samples are taken from a person in connection with the investigation of an offence; and

(b)that person is not suspected of having committed the offence,

they must [F13, except as provided in [F14the following provisions of this section],] be destroyed as soon as they have fulfilled the purpose for which they were taken.

[F15(3AA)Samples [F16, fingerprints and impressions of footwear]F16 are not required to be destroyed under subsection (3) above if—

(a)they were taken for the purposes of the investigation of an offence of which a person has been convicted; and

(b)a sample [F17, fingerprint, (or as the case may be) an impression of footwear]F17 was also taken from the convicted person for the purposes of that investigation.

F15(3AB)Subject to subsection (3AC) below, where a person is entitled under [F18subsection (1BA) or (3) ]F18 above to the destruction of any fingerprint [F19, impression of footwear]F19 or sample taken from him (or would be but for subsection (3AA) above), neither the fingerprint [F20, nor the impression of footwear,]F20 nor the sample, nor any information derived from the sample, shall be used—

(a)in evidence against the person who is or would be entitled to the destruction of that fingerprint [F19, impression of footwear]F19 or sample; or

(b)for the purposes of the investigation of any offence;

and subsection (1B) above applies for the purposes of this subsection as it applies for the purposes of subsection (1A) above.

F15(3AC)Where a person from whom a fingerprint [F21, impression of footwear]F21 or sample has been taken consents in writing to its retention—

(a)that [F22fingerprint F22][F21, impression of footwearF21] [F22 or ]F22 sample need not be destroyed under subsection (3) above;

(b)subsection (3AB) above shall not restrict the use that may be made of the fingerprint [F21, impression of footwear]F21 or sample or, in the case of a sample, of any information derived from it; and

(c)that consent shall be treated as comprising a consent for the purposes of section 63A(1C) above;

and a consent given for the purpose of this subsection shall not be capable of being withdrawn. [F23 This subsection does not apply to fingerprints taken from a person by virtue of section 61(6A) above.]

F23F15(3AD)For the purposes of subsection (3AC) above it shall be immaterial whether the consent is given at, before or after the time when the entitlement to the destruction of the fingerprint [F24, impression of footwear]F24 or sample arises.]

[F25(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F26(5)If fingerprints [F27or impressions of footwear]F27 are destroyed—

(a)any copies of the fingerprints [F27or impressions of footwear]F27 shall also be destroyed; and

(b)any chief officer of police controlling access to computer data relating to the fingerprints [F27or impressions of footwear]F27 shall make access to the data impossible, as soon as it is practicable to do so.]

(6)A person who asks to be allowed to witness the destruction of his fingerprints [F28or impressions of footwear]F28 or copies of them shall have a right to witness it.

[F29(6A)If—

(a)subsection (5)(b) above falls to be complied with; and

(b)the person to whose fingerprints [F30or impressions of footwear]F30 the data relate asks for a certificate that it has been complied with,

such a certificate shall be issued to him, not later than the end of the period of three months beginning with the day on which he asks for it, by the responsible chief officer of police or a person authorised by him or on his behalf for the purposes of this section.

(6B)In this section— F31. . . “the responsible chief officer of police” means the chief officer of police in whose [F32police] area the computer data were put on to the computer.]

(7)Nothing in this section—

(a)affects any power conferred by paragraph 18(2) of Schedule 2 to the M1Immigration Act 1971 [F33or section 20 of the Immigration and Asylum Act 1999 (c. 33) (disclosure of police information to the Secretary of State for use for immigration purposes);]; or

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

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Amendments (Textual)

F1S. 64 applied (1.9.2001) by 2001 c. 17, s. 34(1), Sch. 4 para. 8; S.I. 2001/2161, art. 2 (subject to art. 3)

F2S. 64(1A)(1B) substituted (11.5.2001) for s. 64(1)(2) by 2001 c. 16, s. 82(1)(2)(6)

F4Words in s. 64(1A) substutited (prosp.) by Counter-Terrorism Act 2008 (c. 28), ss. 14(4), 100 (with s. 101(2))

F6S. 64(1AA) inserted (prosp.) by Counter-Terrorism Act 2008 (c. 28), ss. 10(4), 100 (with s. 101(2))

F7S. 64(1AB) inserted (prosp.) by Counter-Terrorism Act 2008 (c. 28), ss. 14(5), 100 (with s. 101(2))

F8Words in s. 64(1B) inserted (prosp.) by Counter-Terrorism Act 2008 (c. 28), ss. 10(6)(d), 100 (with s. 101(2))

F9Words in s. 64(1B) inserted (prosp.) by Counter-Terrorism Act 2008 (c. 28), ss. 14(6), 100 (with s. 101(2))

F13Words in s. 64(1)(2)(3) inserted (10.4.1995) by 1994 c. 33, s. 57(2); S.I. 1995/721, art. 2, Sch.

F14Words in s. 64(3) substituted (11.5.2001) by 2001 c. 16, s. 82(1)(3)(6)

F15S. 64(3AA)-(3AD) substituted (11.5.2001) for s. 64(3A)(3B) by 2001 c. 16, s. 82(1)(4)(6)

F31Definition of “chief officer of police” and the word “and” immediately after it in s. 64(6B) repealed (22.8.1996) by 1996 c. 16, ss. 103(1)(3), 104(1), Sch. 7 Pt. II para. 37(a), Sch. 9 Pt. I

F32Word “police” in definition of “the responsible chief officer of police” inserted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 para. 37(b)

F33Words in s. 64(7)(a) inserted (11.5.2001) by 2001 c. 16, s. 82(1)(5)(6)

Modifications etc. (not altering text)

C2S. 64 applied (with modifications) by S.I. 1985/1882, art. 9

C4S. 64(1)-(6) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).

S. 64(1)(3)-(6B) applied (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.

S. 64(2) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.

C5Ss. 8, 9, 15, 16, 17(1)(b(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

Marginal Citations

[F3464 Retention of samples and fingerprints, etc generallyE+W

(1)This section applies to the following material—

(a)fingerprints, samples or impressions of footwear—

(i)taken from a person under any power conferred by this Part of this Act, or

(ii)taken in connection with the investigation of an offence with the consent of the person from whom they were taken, and

(b)a DNA profile derived from a DNA sample falling within paragraph (a).

(2)Material to which this section applies may be retained after it has fulfilled the purpose for which it was taken or derived.

(3)This section is subject to sections 64ZA to 64ZJ.

(4)This section and sections 64ZA to 64ZH do not apply to material to which paragraph 14 of Schedule 8 to the Terrorism Act 2000 applies.

(5)Any reference in those sections to a person being arrested for or charged with an offence does not include a reference to a person—

(a)being arrested under section 41 of the Terrorism Act 2000, or

(b)being charged with an offence following an arrest under that section.

(6)Nothing in this section, or sections 64ZA to 64ZN, affects any power conferred by—

(a)paragraph 18(2) of Schedule 2 to the Immigrtion Act 1971 (power to take reasonable steps to identify a person detained), or

(b)section 20 of the Immigration and Asylum Act 1999 (disclosure of police information to the Secretary of State for use for immigration purposes).F34]

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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)