Serious Organised Crime and Police Act 2005

Serious Organised Crime and Police Act 2005

2005 CHAPTER 15

The Act

Commentary on Sections

Part 3: Police powers etc.

Section 117: Fingerprints

256. PACE already contains a detailed regime governing the taking of fingerprints without consent. In summary, fingerprints may be taken from a person in police detention following their arrest for a recordable offence, on charge/summons for such an offence and following conviction for such an offence (sections 61 and 27 of PACE). Fingerprints can be taken in other circumstances with the consent of the individual.

257. When the police are dealing with a person suspected of an offence, but prior to any arrest, questions may arise as to the person’s identity. The police will try to verify the person’s identity but if this is not possible the suspect will normally be arrested.

258. The police have been developing mobile digital fingerprint readers that can be connected to the National Automated Fingerprint Identification System (NAFIS) by mobile communications technology. This will provide the police with the capability to take fingerprints away from the police station. Fingerprint impressions of two fingers are taken and checked against NAFIS in a matter of minutes. Where the check against NAFIS results in a match the officer will then be in a more informed position to decide on the appropriate course of action. The fingerprints would also be subject to a speculative search against the database of fingerprints recovered from crime scenes.

259. This section amends section 61 of PACE so as to provide a power for the police to take a person’s fingerprints prior to an arrest and away from a police station in circumstances where:-

• the constable reasonably suspects that the person is committing, or attempting to commit an offence, or has committed or attempted to commit an offence; and

• either the name of the person is unknown to, and cannot be readily ascertained by, the constable or the constable has reasonable grounds for doubting whether the name given by the person is his real name.

260. Subsection (5) amends section 63A of PACE so as to allow fingerprints taken as above to be checked against the NAFIS database of fingerprints and speculatively searched against the database of fingerprints recovered from crime scenes.

261. Subsection (7) amends section 64 of PACE to enable DNA samples and fingerprints taken from deceased persons to be checked against the national DNA and fingerprint databases for identification purposes. Section 64 currently restricts the purposes for which the National Fingerprint Database, known as NAFIS, and the National DNA Database may be used to those related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution. Consequently, where a person is suspected of having died as a result of a crime, if necessary the databases may be used to help identify the victim. However, in circumstances where a person has died of natural causes or as a result of a disaster such as the tsunami in South East Asia at the end of 2004, neither database may be used to help identify a deceased person’s body or body parts.

263. The amendment to section 64 of PACE made by subsection (7) has therefore been introduced to remove the disparity in the circumstances in which the databases may be used to help identify a deceased person. The amendment will also allow the database of footwear impressions to be used for identification of deceased persons or body parts although in practice it is unlikely that database will be of any assistance. This amendment came into force on Royal Assent.

263. Subsections (8) to (10) amend section 64 of PACE to make it clear that fingerprints taken prior to arrest will not be retained nor added to NAFIS.