Police and Criminal Evidence Act 1984 (c. 60)

Part V E+W Questioning and Treatment of Persons by Police

Modifications etc. (not altering text)

C1 Pt. V incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52

64 Destruction of fingerprints and samples. E+W

[F1 (1A) Where—

(a) fingerprints [F2 , impressions of footwear] or samples are taken from a person in connection with the investigation of an offence, and

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

the fingerprints [F2 , impressions of footwear] or samples may be retained 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 prevention or detection of crime, the investigation of an offence [F3 , the conduct of a prosecution or the identification of a deceased person or of the person from whom a body part came] .

(1B) In subsection (1A) above—

(a) the reference to using a fingerprint [F4 or an impression of footwear] includes a reference to allowing any check to be made against it under section 63A(1) or (1C) above 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 section 63A(1) or (1C) above 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 [F5 , impressions of footwear] or samples are taken from a person in connection with the investigation of an offence; and

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

they must [F6 , except as provided in [F7 the following provisions of this section],] be destroyed as soon as they have fulfilled the purpose for which they were taken.

[F8 (3AA) Samples [F9 , fingerprints and impressions of footwear] are not required to be destroyed under subsection (3) above if—

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

(b) a sample [F10 , fingerprint, (or as the case may be) an impression of footwear] was also taken from the convicted person for the purposes of that investigation.

F8 (3AB) Subject to subsection (3AC) below, where a person is entitled under subsection (3) above to the destruction of any fingerprint [F11 , impression of footwear] or sample taken from him (or would be but for subsection (3AA) above), neither the fingerprint [F12 , 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 [F11 , impression of footwear] or sample; or

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

and subsection (1B) above applies for the purposes of this subsection as it applies for the purposes of subsection (1A) above.

F8 (3AC) Where a person from whom a fingerprint [F13 , impression of footwear] or sample has been taken consents in writing to its retention—

(a) that sample need not be destroyed under subsection (3) above;

(b) subsection (3AB) above shall not restrict the use that may be made of the fingerprint [F13 , impression of footwear] or sample or, in the case of a sample, of any information derived from it; and

(c) that consent shall be treated as comprising a consent for the purposes of section 63A(1C) above;

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

F8 (3AD) For the purposes of subsection (3AC) above it shall be immaterial whether the consent is given at, before or after the time when the entitlement to the destruction of the fingerprint [F14 , impression of footwear] or sample arises.]

[F15 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F16 (5) If fingerprints [F17 or impressions of footwear] are destroyed—

(a) any copies of the fingerprints [F17 or impressions of footwear] shall also be destroyed; and

(b) any chief officer of police controlling access to computer data relating to the fingerprints [F17 or impressions of footwear] shall make access to the data impossible, as soon as it is practicable to do so.]

(6) A person who asks to be allowed to witness the destruction of his fingerprints [F18 or impressions of footwear] or copies of them shall have a right to witness it.

[F19 (6A) If—

(a) subsection (5)(b) above falls to be complied with; and

(b) the person to whose fingerprints [F20 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 the responsible chief officer of police or a person authorised by him or on his behalf for the purposes of this section.

(6B) In this section— F21 . . . “the responsible chief officer of police” means the chief officer of police in whose [F22 police] area the computer data were put on to the computer.]

(7) Nothing in this section—

(a) affects any power conferred by paragraph 18(2) of Schedule 2 to the M1 Immigration Act 1971 [F23 or section 20 of the Immigration and Asylum Act 1999 (c. 33) (disclosure of police information to the Secretary of State for use for immigration purposes);]; or

(b) applies to a person arrested or detained under the terrorism provisions.

Textual Amendments

F1 S. 64(1A)(1B) substituted (11.5.2001) for s. 64(1)(2) by 2001 c. 16, s. 82(1)(2)(6)

F2 Words in s. 64(1A) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(a), 178; S.I. 2005/3495, art. 2(1)(p)

F3 Words s. 64(1A) substituted (7.4.2005) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 117(7), 178(1)(a)

F4 Words in s. 64(1B)(a) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(b), 178; S.I. 2005/3495, art. 2(1)(p)

F5 Words in s. 64(3) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(c), 178; S.I. 2005/3495, art. 2(1)(p)

F6 Words in s. 64(1)(2)(3) inserted (10.4.1995) by 1994 c. 33, s. 57(2); S.I. 1995/721, art. 2, Sch.

F7 Words in s. 64(3) substituted (11.5.2001) by 2001 c. 16, s. 82(1)(3)(6)

F8 S. 64(3AA)-(3AD) substituted (11.5.2001) for s. 64(3A)(3B) by 2001 c. 16, s. 82(1)(4)(6)

F9 Words in s. 64(3AA) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(d)(i), 178; S.I. 2005/3495, art. 2(1)(p)

F10 Words in s. 64(3AA)(b) substituted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(d)(ii), 178; S.I. 2005/3495, art. 2(1)(p)

F11 Words in s. 64(3AB) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(e)(i), 178; S.I. 2005/3495, art. 2(1)(p)

F12 Words in s. 64(3AB) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(e)(ii), 178; S.I. 2005/3495, art. 2(1)(p)

F13 Words in s. 64(3AC) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(f), 178; S.I. 2005/3495, art. 2(1)(p)

F14 Words in s. 64(3AD) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(g), 178; S.I. 2005/3495, art. 2(1)(p)

F15 S. 64(4) repealed (19.6.2001) by 2001 c. 16, s. 137, Sch. 7 Pt. 2(1); S.I. 2001/2223, art. 2(1)(g)(i)

F16 S. 64(5) substituted by Criminal Justice Act 1988 (c. 33, SIF 39:1), s. 148(1)

F17 Words in s. 64(5) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(h), 178; S.I. 2005/3495, art. 2(1)(p)

F18 Words in s. 64(6) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(i), 178; S.I. 2005/3495, art. 2(1)(p)

F19 S. 64(6A)(6B) inserted by Criminal Justice Act 1988 (c. 33, SIF, 39:1), s. 148(2)

F20 Words in s. 64(6A) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(4)(j), 178; S.I. 2005/3495, art. 2(1)(p)

F21 Definition of “chief officer of police” and the word “and” immediately after it in s. 64(6B) repealed (22.8.1996) by 1996 c. 16, ss. 103(1)(3), 104(1), Sch. 7 Pt. II para. 37(a), Sch. 9 Pt. I

F22 Word “police” in definition of “the responsible chief officer of police” inserted (22.8.1996) by 1996 c. 16, ss. 103(1), 104(1), Sch. 7 para. 37(b)

F23 Words in s. 64(7)(a) inserted (11.5.2001) by 2001 c. 16, s. 82(1)(5)(6)

Modifications etc. (not altering text)

C2 S. 64 applied (with modifications) by S.I. 1985/1882, art. 9

C3 S. 64 applied (1.9.2001) by 2001 c. 17, s. 34(1), Sch. 4 para. 8; S.I. 2001/2161, art. 2 (subject to art. 3)

C4 S. 64 applied (with modifications) (31.12.2006) by The Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 (S.I. 2006/2015), arts. 2, 3, Schs. 1-3

C5 Ss. 8, 9, 15, 16, 17(1)(b)(2) (4), 18–20, 21, 22(1)–(4), 28, 29, 30(1)–(4)(a)(5)–(11), 31, 32(1)–(9), 34(1)–(5), 35, 36, 37, 39, 40–44, 50, 51(d), 52, 54, 55, 64(1)–(4)(5)(6), Sch. 1 applied with modifications by S.I. 1985/1800, arts. 3–11, Schs. 1, 2

C6 S. 64(1)-(6) modified (2.8.1993) by S.I. 1993/1813, art. 6, Sch. 3 para. 3(3).

S. 64(1)(3)-(6B) applied (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.

S. 64(2) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.

Marginal Citations

M1 1971 c. 77.