Part 1

Amendments of Police and Criminal Evidence Act 1984

Taking fingerprints without consent
9
1
Section 61 of the 1984 Act (fingerprinting) is amended as follows.
2
For subsections (3) and (4) (taking of fingerprints without appropriate consent) there is substituted—
3
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.
4
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.
3
In subsection (3A) (disregard of incomplete or unsatisfactory fingerprints) for the words from the beginning to “subsection (3) above” there is substituted “Where 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”.
4
In subsection (5) (authorisation to be given or confirmed in writing) for “subsection (3)(a) or (4A)” there is substituted “subsection (4A)”.
5
In subsection (7) (reasons for taking of fingerprints without consent) for “subsection (3) or (6)” there is substituted “subsection (3), (4) or (6)”.