Taking of fingerprints and samples: England and Wales
7“Qualifying offence”
After section 65 of the Police and Criminal Evidence Act 1984 there is inserted—
65AQualifying offence”
1
In this Part, “qualifying offence” means—
a
an offence specified in subsection (2) below, or
b
an ancillary offence relating to such an offence.
2
The offences referred to in subsection (1)(a) above are—
a
murder;
b
manslaughter;
c
false imprisonment;
d
kidnapping;
e
an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861;
f
an offence under section 2 or 3 of the Explosive Substances Act 1883;
g
an offence under section 1 of the Children and Young Persons Act 1933;
h
an offence under section 4(1) of the Criminal Law Act 1967 committed in relation to murder;
i
an offence under sections 16 to 18 of the Firearms Act 1968;
j
an offence under section 9 or 10 of the Theft Act 1968 or an offence under section 12A of that Act involving an accident which caused a person’s death;
k
an offence under section 1 of the Criminal Damage Act 1971 required to be charged as arson;
l
an offence under section 1 of the Protection of Children Act 1978;
m
an offence under section 1 of the Aviation Security Act 1982;
n
an offence under section 2 of the Child Abduction Act 1984;
o
an offence under section 9 of the Aviation and Maritime Security Act 1990;
p
an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50, 52, 53, 57 to 59, 61 to 67, 69 and 70 of the Sexual Offences Act 2003;
q
an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004;
r
an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008.
3
The Secretary of State may by order made by statutory instrument amend subsection (2) above.
4
A statutory instrument containing an order under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
5
In subsection (1)(b) above “ancillary offence”, in relation to an offence, means—
a
aiding, abetting, counselling or procuring the commission of the offence;
b
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement);
c
attempting or conspiring to commit the offence.