The Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009

Destruction of fingerprints and samples

15.—(1) Where—

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

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

the fingerprints, impressions of footwear or samples may be retained, subject to paragraphs (11) and (12), after they have fulfilled the purposes for which they were taken but shall not be used by any person except for purposes related to the investigation of a service offence, the prevention or detection of crime, the conduct of a prosecution or the identification of a deceased person or of the person from whom a body part came.

(2) In paragraph (1)—

(a) the reference to using a fingerprint or an impression of footwear includes a reference to allowing any check to be made against it under article 14(1) or (4) 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 article 14(1) or (4) 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.

(3) If—

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

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

they must, except as provided in the following provisions of this article, be destroyed as soon as they have fulfilled the purpose for which they were taken.

(4) Samples, fingerprints and impressions of footwear are not required to be destroyed under paragraph (3) if—

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

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

(5) Subject to paragraph (6) below, where a person is entitled under paragraph (3) to the destruction of any fingerprint, impression of footwear or sample taken from him (or would be but for paragraph (4)), neither the fingerprint, nor the impression of footwear, 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, impression of footwear or sample, or

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

and paragraph (2) applies for the purposes of this paragraph as it applies for the purposes of paragraph (1).

(6) Where a person from whom a fingerprint, impression of footwear or sample has been taken consents in writing to its retention—

(a) that impression of footwear or sample need not be destroyed under paragraph (3),

(b) paragraph (5) shall not restrict the use that may be made of the fingerprint, impression of footwear or sample or, in the case of a sample, any information derived from it, and

(c) that consent shall be treated as comprising a consent for the purposes of article 14(4),

and a consent given for the purpose of this paragraph shall not be capable of being withdrawn.

(7) For the purposes of paragraph (6) it shall be immaterial whether the consent is given at, before or after the time when the entitlement to the destruction of the fingerprint, impression of footwear or sample arises.

(8) If fingerprints or impressions of footwear are destroyed—

(a) any copies of the fingerprints or impressions of footwear shall also be destroyed; and

(b) any service policeman controlling access to computer data relating to the fingerprints or impressions of footwear shall make access to the data impossible, as soon as it is practicable to do so.

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

(10) If—

(a) paragraph (8)(b) falls to be complied with, and

(b) the person to whose fingerprints or impressions of footwear 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 a service policeman not below the rank of naval lieutenant, military or marine captain or flight lieutenant answerable for the maintenance of that computerised fingerprint record or a person authorised by him or on his behalf for the purposes of this article.

(11) Where a fingerprint, impression of footwear or sample is taken from a person in connection with the investigation of a service offence, it must be destroyed no later than the relevant date, unless before that date the person is convicted of the service offence.

(12) For the purposes of paragraph (11) the relevant date is 2 years after the date on which the fingerprint, impression of footwear or sample (as the case may be) was taken.