Search Legislation

Crime and Security Act 2010

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

Point in time view latest with prospective.This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Crime and Security Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

6Power to require attendance at police stationE+W

This sectionnoteType=Explanatory Notes has no associated

(1)In section 63A of the Police and Criminal Evidence Act 1984 (fingerprinting and samples: supplementary provisions), for subsections (4) to (8) there is substituted—

(4)Schedule 2A (fingerprinting and samples: power to require attendance at police station) shall have effect.

(2)In that Act, after Schedule 2 there is inserted—

Section 63A(4)

SCHEDULE 2AE+WFingerprinting and samples: power to require attendance at police station

Part 1 E+WFingerprinting
Persons arrested and releasedE+W

1(1)A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5A).

(2)The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b) (fingerprints taken on previous occasion insufficient etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied.

(3)In sub-paragraph (2) above “appropriate officer” means the officer investigating the offence for which the person was arrested.

Persons charged etcE+W

2(1)A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5B).

(2)The power under sub-paragraph (1) above may not be exercised after the end of the period of six months beginning with—

(a)in a case falling within section 61(5B)(a) (fingerprints not taken previously), the day on which the person was charged or informed that he would be reported, or

(b)in a case falling within section 61(5B)(b) (fingerprints taken on previous occasion insufficient etc), the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied.

(3)In sub-paragraph (2)(b) above “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported.

Persons convicted etc of an offence in England and WalesE+W

3(1)A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6).

(2)Where the condition in section 61(6ZA)(a) is satisfied (fingerprints not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—

(a)the day on which the person was convicted, cautioned or warned or reprimanded, or

(b)if later, the day on which this Schedule comes into force.

(3)Where the condition in section 61(6ZA)(b) is satisfied (fingerprints taken on previous occasion insufficient etc), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—

(a)the day on which an appropriate officer was informed that section 61(3A)(a) or (b) applied, or

(b)if later, the day on which this Schedule comes into force.

(4)In sub-paragraph (3)(a) above “appropriate officer” means an officer of the police force which investigated the offence in question.

(5)Sub-paragraphs (2) and (3) above do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction, caution or warning or reprimand).

Persons subject to a control orderE+W

4A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6BA).

Persons convicted etc of an offence outside England and WalesE+W

5A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6D).

Multiple attendanceE+W

6(1)Where a person's fingerprints have been taken under section 61 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have his fingerprints taken under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.

(2)Where an authorisation is given under sub-paragraph (1) above—

(a)the fact of the authorisation, and

(b)the reasons for giving it,

shall be recorded as soon as practicable after it has been given.

Part 2 E+WIntimate samples
Persons suspected to be involved in an offenceE+W

7A constable may require a person to attend a police station for the purpose of taking an intimate sample from him under section 62(1A) if, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken from him but have proved insufficient.

Persons convicted etc of an offence outside England and WalesE+W

8A constable may require a person to attend a police station for the purpose of taking a sample from him under section 62(2A) if two or more non-intimate samples suitable for the same means of analysis have been taken from him under section 63(3E) but have proved insufficient.

Part 3 E+WNon-intimate samples
Persons arrested and releasedE+W

9(1)A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3ZA).

(2)The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3ZA)(b)(i) or (ii).

(3)In sub-paragraph (2) above, “appropriate officer” means the officer investigating the offence for which the person was arrested.

Persons charged etcE+W

10(1)A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3A).

(2)The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(a) (sample not taken previously) after the end of the period of six months beginning with the day on which he was charged or informed that he would be reported.

(3)The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3A)(b)(i) or (ii).

(4)In sub-paragraph (3) above “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported.

Persons convicted etc of an offence in England and WalesE+W

11(1)A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3B).

(2)Where the condition in section 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—

(a)the day on which the person was convicted, cautioned or warned or reprimanded, or

(b)if later, the day on which this Schedule comes into force.

(3)Where the condition in section 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—

(a)the day on which an appropriate officer was informed of the matters specified in section 63(3BA)(b)(i) or (ii), or

(b)if later, the day on which this Schedule comes into force.

(4)In sub-paragraph (3)(a) above “appropriate officer” means an officer of the police force which investigated the offence in question.

(5)Sub-paragraphs (2) and (3) above do not apply where—

(a)the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction, caution or warning or reprimand), or

(b)he was convicted before 10th April 1995 and is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies.

Persons subject to a control orderE+W

12A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3D).

Persons convicted etc of an offence outside England and WalesE+W

13A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3E).

Multiple exercise of powerE+W

14(1)Where a non-intimate sample has been taken from a person under section 63 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have another such sample taken from him under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.

(2)Where an authorisation is given under sub-paragraph (1) above—

(a)the fact of the authorisation, and

(b)the reasons for giving it,

shall be recorded as soon as practicable after it has been given.

Part 4 E+WGeneral and supplementary
Requirement to have power to take fingerprints or sampleE+W

15A power conferred by this Schedule to require a person to attend a police station for the purposes of taking fingerprints or a sample under any provision of this Act may be exercised only in a case where the fingerprints or sample may be taken from the person under that provision (and, in particular, if any necessary authorisation for taking the fingerprints or sample under that provision has been obtained).

Date and time of attendanceE+W

16(1)A requirement under this Schedule—

(a)shall give the person a period of at least seven days within which he must attend the police station; and

(b)may direct him so to attend at a specified time of day or between specified times of day.

(2)In specifying a period or time or times of day for the purposes of sub-paragraph (1) above, the constable shall consider whether the fingerprints or sample could reasonably be taken at a time when the person is for any other reason required to attend the police station.

(3)A requirement under this Schedule may specify a period shorter than seven days if—

(a)there is an urgent need for the fingerprints or sample for the purposes of the investigation of an offence; and

(b)the shorter period is authorised by an officer of at least the rank of inspector.

(4)Where an authorisation is given under sub-paragraph (3)(b) above—

(a)the fact of the authorisation, and

(b)the reasons for giving it,

shall be recorded as soon as practicable after it has been given.

(5)If the constable giving a requirement under this Schedule and the person to whom it is given so agree, it may be varied so as to specify any period within which, or date or time at which, the person must attend; but a variation shall not have effect unless confirmed by the constable in writing.

EnforcementE+W

17A constable may arrest without warrant a person who has failed to comply with a requirement under this Schedule.

(3)In that Act, in section 27 (fingerprinting of certain offenders), subsections (1) to (3) are repealed.

(4)In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by detention officers)—

(a)in paragraph 25 (attendance at police station for fingerprinting), for “section 27(1) of the 1984 Act (fingerprinting of suspects)” there is substituted “ Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) ”;

(b)in paragraph 32 (attendance at police station for the taking of a sample), for the words from “subsection (4)” to “samples)” there is substituted “ Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) ”.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources