Part V Questioning and Treatment of Persons by Police
C261 Finger-printing. C1
C31
Except as provided by this section no person’s fingerprints may be taken without the appropriate consent.
C32
Consent to the taking of a person’s fingerprints must be in writing if it is given at a time when he is at a police station.
C33
The fingerprints of a person detained at a police station may be taken without the appropriate consent—
a
if an officer of at least the rank of superintendent authorises them to be taken; or
b
if—
i
he has been charged with a recordable offence or informed that he will be reported for such an offence; and
ii
he has not had his fingerprints taken in the course of the investigation of the offence by the police.
C34
An officer may only give an authorisation under subsection 3(a) above if he has reasonable grounds—
a
for suspecting the involvement of the person whose fingerprints are to be taken in a criminal offence; and
b
for believing that his fingerprints will tend to confirm or disprove his involvement.
C35
An officer may give an authorisation under subsection 3(a) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
C36
Any person’s fingerprints may be taken without the appropriate consent if he has been convicted of a recordable offence.
C37
In a case where by virtue of subsection (3) or (6) above a person’s fingerprints are taken without the appropriate consent—
a
he shall be told the reason before his fingerprints are taken; and
b
the reason shall be recorded as soon as is practicable after the fingerprints are taken.
C38
If he is detained at a police station when the fingerprints are taken, the reason for taking them shall be recorded on his custody record.
9
Nothing in this section—
a
affects any power conferred by paragraph 18(2) of Schedule 2 to the M1Immigration Act 1971; or
b
F1except as provided in section 15(10) of, and paragraph 7(6) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989, applies to a person arrested or detained under the terrorism provisions.