The Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009

Fingerprints and samples: supplementary provisions

14.—(1) Where a person has been arrested on suspicion of being involved in an applicable service offence or has been charged with such an offence, fingerprints, impressions of footwear or samples or the information derived from samples taken under any power conferred by this Order from the person may be checked against—

(a) other fingerprints, impressions of footwear or samples to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence;

(b) information derived from other samples if the information is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a).

(2) In paragraph (1) “relevant law-enforcement authority” means—

(a) a police force;

(b) the Serious Organised Crime Agency;

(c) a public authority (not falling within sub-paragraph (a) or (b)) with functions in any part of the British Islands which consist of or include the investigation of crimes or the charging of offenders;

(d) any person with functions in any country or territory outside the United Kingdom which—

(i) correspond to those of a police force; or

(ii) otherwise consist of or include the investigation of conduct contrary to the law of that country or territory, or the apprehension of persons guilty of such conduct;

(e) any person with functions under any international agreement which consist of or include the investigation of conduct which is—

(i) unlawful under the law of one or more places,

(ii) prohibited by such an agreement, or

(iii) contrary to international law,

or the apprehension of persons guilty of such conduct.

(3) The reference in paragraph (2)(a) to a police force is a reference to any of the following—

(a) any police force maintained under section 2 of the Police Act 1996(1) (police forces in England and Wales outside London);

(b) the Metropolitan police force;

(c) the City of London police force;

(d) any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967(2);

(e) the Police Service of Northern Ireland;

(f) the Police Service of Northern Ireland Reserve;

(g) the Ministry of Defence Police;

(h) the Royal Navy Police;

(i) the Royal Military Police;

(j) the Royal Air Force Police;

(k) the British Transport Police;

(l) the States of Jersey Police Force;

(m) the salaried police force of the Island of Guernsey;

(n) the Isle of Man Constabulary.

(4) Where—

(a) fingerprints, impressions of footwear or samples have been taken from any person in connection with the investigation of an offence but otherwise than in circumstances to which paragraph (1) applies, and

(b) that person has given his consent in writing to the use in a speculative search of the fingerprints, of the impressions of footwear or of the samples and of the information derived from them,

the fingerprints or impressions of footwear or, as the case may be, those samples and that information may be checked against any of the fingerprints, impressions of footwear, samples or information mentioned in sub-paragraph (a) or (b) of that paragraph.

(5) A consent given for the purposes of paragraph (4) shall not be capable of being withdrawn.

(6) Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.

(7) Where any power to take a sample is exercisable in relation to a person the sample may be taken in a prison or other institution to which the Prison Act 1952(3) applies or in other places used for the accommodation of persons held in custody.

(8) Any service policeman may, within the allowed period, require a person who is subject to service law or a civilian who is subject to service discipline and who is neither in custody at a service police establishment nor held in custody during court proceedings to attend a service police establishment while so subject in order to have a sample taken where—

(a) the person has been charged with an applicable service offence and either he has not had a sample taken from him in the course of the investigation of the offence by a service policeman or he has had a sample so taken from him but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient; or

(b) the person has been convicted of a recordable service offence and either he has not had a sample taken from him since the conviction or he has had a sample taken from him (before or after his conviction) but either it was not suitable for the same means of analysis or, though so suitable, the sample proved insufficient.

(9) The period allowed for requiring a person to attend a service police establishment for the purpose specified in paragraph (8) is—

(a) in the case of a person falling within its sub-paragraph (a), one month beginning with the date of the charge or of his being informed as mentioned in that sub-paragraph or one month beginning with the date on which a service policeman is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be;

(b) in the case of a person falling within its sub-paragraph (b), one month beginning with the date of the conviction or one month beginning with the date on which a service policeman is informed of the fact that the sample is not suitable for the same means of analysis or has proved insufficient, as the case may be.

(10) A requirement under paragraph (8)—

(a) shall give the person at least 7 days within which he must so attend; and

(b) may direct him to attend at a specified time of day or between specified times of day.

(11) Any service policeman may arrest without a warrant a person who has failed to comply with a requirement under paragraph (8).

(1)

1996 c. 16.

(2)

1967 c. 77.

(3)

1952 c. 52.