- Latest available (Revised)
- Original (As enacted)
Terrorism Act 2000, Paragraph 10 is up to date with all changes known to be in force on or before 24 March 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
10(1) This paragraph applies where a person is detained in England, Wales or Northern Ireland under Schedule 7 or section 41.U.K.
(2)Fingerprints may be taken from the detained person only if they are taken by a constable—
(a)with the appropriate consent given in writing, or
(b)without that consent under sub-paragraph (4).
(3)A non-intimate sample may be taken from the detained person only if it is taken by a constable—
(a)with the appropriate consent given in writing, or
(b)without that consent under sub-paragraph (4).
(4)Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if—
(a)he is detained at a police station and a police officer of at least the rank of superintendent authorises the fingerprints or sample to be taken, or
(b)he has been convicted of a recordable offence and, where a non-intimate sample is to be taken, he was convicted of the offence on or after 10th April 1995 (or 29th July 1996 where the non-intimate sample is to be taken in Northern Ireland).
(5)An intimate sample may be taken from [F1a person detained under section 41, but only ] if—
(a)he is detained at a police station,
(b)the appropriate consent is given in writing,
(c)a police officer of at least the rank of superintendent authorises the sample to be taken, and
(d)subject to paragraph 13(2) and (3), the sample is taken by a constable.
(6)[F2Subject to sub-paragraph (6A)] an officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if—
(a)in the case of a person detained under section 41, the officer reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a), and the officer reasonably believes that the fingerprints or sample will tend to confirm or disprove his involvement, or
(b)in any case [F3in which an authorisation under that sub-paragraph may be given] , the officer is satisfied that the taking of the fingerprints or sample from the person is necessary in order to assist in determining whether he falls within section 40(1)(b).
[F4(6A)An officer may also give an authorisation under sub-paragraph (4)(a) for the taking of fingerprints if—
(a)he is satisfied that the fingerprints of the detained person will facilitate the ascertainment of that person’s identity; and
(b)that person has refused to identify himself or the officer has reasonable grounds for suspecting that that person is not who he claims to be.
(6B)In this paragraph references to ascertaining a person’s identity include references to showing that he is not a particular person.]
(7)If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
Textual Amendments
F1Words in Sch. 8 para. 10(5) substituted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 6(2) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
F2Words in Sch. 8 para. 10(6) inserted (14.12.2001) by 2001 c. 24, s. 89(2)
F3Words in Sch. 8 para. 10(6)(b) inserted (31.7.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 9 para. 6(3) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/1916, art. 3(b)
F4Sch. 8 para. 10(6A)(6B) inserted (14.12.2001) by 2001 c. 14, s. 89(2)
Modifications etc. (not altering text)
C1Sch. 8 para. 10(2) extended (N.I.) (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), ss. 30, 31, Sch. 2 Pt. 2 para. 15
C2Sch. 8 para. 10(3) extended (N.I.) (8.4.2003) by Police (Northern Ireland) Act 2003 (c. 6), ss. 30, 31, Sch. 2 Pt. 2 para. 18
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: