Armed Forces Act 1996

Fingerprints and samples E+W+S+N.I.

11 Fingerprinting of certain offenders. E+W+S+N.I.

(1) A service policeman may take the fingerprints of a person for the record without his consent if that person has been convicted of an offence in service disciplinary proceedings.

(2) The power under subsection (1) above may not be exercised in relation to a person convicted of an offence—

(a) where the person concerned has had his fingerprints taken by a service policeman in the course of the investigation of the offence or since his conviction; or

(b) after the end of the period of three months beginning with the date of the conviction.

(3) A service policeman may use reasonable force, if necessary, in exercising the power under subsection (1) above.

(4) In this section—

• “fingerprints” includes palm prints;

• [F1 “the Royal Air Force Police” includes the Provost Marshal of the Royal Air Force and any officer appointed to exercise the functions conferred by or under the Air Force Act 1955 on provost officers;]

• “service disciplinary proceedings” means—

  (a)

  any proceedings before a court-martial or a standing civilian court under the 1955 Acts or the 1957 Act;

  (b)

  F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (c)

  any proceedings by way of summary trial under section 52D of that Act; and

• “service policeman” means a member of the Royal Navy Regulating Branch, the Royal Marines Police, the Royal Military Police [F3 or the Royal Air Force Police].

(5) This section is without prejudice to any power to take fingerprints under any other enactment or under any rule of law.

Annotations:

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Extent Information

E1 For the application of this section to Channel Islands and Isle of Man, see s. 36(6)

Amendments (Textual)

F1 Definition of

“the Royal Air Force Police”

in s. 11(4) inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 48; S.I. 2001/3234, art. 2 (subject to art. 3)

F2 Para. (b) in the definition of

“service disciplinary proceedings”

in s. 11(4) repealed (28.2.2002) by 2001 c. 19, s. 38, Sch. 7 Pt. 1; S.I. 2002/345, art. 2 (subject to art. 3)

F3 Words in the definition of “service policeman" in s. 11(4) substituted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 48; S.I. 2001/3234, art. 2 (subject to art. 3)

12 Taking of samples from certain offenders. E+W+S+N.I.

(1) A service policeman may, for the purpose of recording information, take a sample to which this section applies from a person without his consent if that person has been convicted of an offence in service disciplinary proceedings.

(2) This section applies to a sample of hair (other than pubic hair) or to a swab taken from a person’s mouth.

(3) The power under subsection (1) above may be exercised in relation to a person convicted of an offence only if—

(a) he has not had a sample to which this section applies taken from him since his conviction; or

(b) where he has had such a sample taken from him, the sample has proved insufficient.

(4) The power under subsection (1) above may not be exercised after the end of the period of three months beginning—

(a) in a case falling within subsection (3)(a) above, with the date of the conviction;

(b) in a case falling within subsection (3)(b) above, with the date on which a service policeman is informed of the fact that the sample has proved insufficient.

(5) A service policeman may use reasonable force, if necessary, in exercising the power under subsection (1) above.

(6) A sample of hair may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than are reasonably considered to be necessary for a sufficient sample.

(7) In this section—

• “service disciplinary proceedings” and “service policeman” have the same meanings as in section 11 above; and

• “sufficient” and “insufficient”, in relation to a sample, means sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample.

(8) This section is without prejudice to any power to take samples under any other enactment or under any rule of law.