C7Part V Questioning and Treatment of Persons by Police
C1C2C3C461Finger-printing.
C51
Except as provided by this section no person’s fingerprints may be taken without the appropriate consent.
C52
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.
F13
The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
a
he is detained in consequence of his arrest for a recordable offence; and
b
he has not had his fingerprints taken in the course of the investigation of the offence by the police.
F23A
F3Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if—
a
the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or
b
some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).
F44
The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
a
he has been charged with a recordable offence or informed that he will be reported for such an offence; and
b
he has not had his fingerprints taken in the course of the investigation of the offence by the police.
F54A
The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if—
a
the court, or
b
an officer of at least the rank of inspector,
authorises them to be taken.
4B
A court or officer may only give an authorisation under subsection (4A) if—
a
the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that he is not the same person; or
b
the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion.
C55
An officer may give an authorisation under F6subsection (4A) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
C56
Any person’s fingerprints may be taken without the appropriate consent if
F7a
he has been convicted of a recordable offence;
b
he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted; or
c
he has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 (c. 37) for a recordable offence.
C57
In a case where by virtue of F8subsection (3), (4) 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.
F97A
If a person’s fingerprints are taken at a police station, whether with or without the appropriate consent—
C6a
before the fingerprints are taken, an officer shall inform him that they may be the subject of a speculative search; and
b
the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.
C58
If he is detained at a police station when the fingerprints are taken, the reason for taking them F10and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection shall be recorded on his custody record.
8A
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F128B
The power to take the fingerprints of a person detained at a police station without the appropriate consent shall be exercisable by any constable.
9
Nothing in this section—
a
affects any power conferred by paragraph 18(2) of Schedule 2 to the M1Immigration Act 1971; or
F13b
applies to a person arrested or detained under the terrorism provisions.
F1410
Nothing in this section applies to a person arrested under an extradition arrest power.
Pt. V incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52