Police and Criminal Evidence Act 1984 (as ammended by The Protection of Freedoms Act 2012)

Body: 

61Finger-printing.
(1)Except as provided by this section no person’s fingerprints may be taken without the appropriate consent.
(2)Consent to the taking of a person’s fingerprints must be in writing if it is given at a time when he is at a police station.
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.
(3A)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, that fact shall be disregarded for the purposes of that subsection if—
(a)the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or
(b)some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).
(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.
(4A)The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if—
(a)the court, or
(b)an officer of at least the rank of inspector,
authorises them to be taken.
(4B)A court or officer may only give an authorisation under subsection (4A) if—
(a)the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that he is not the same person; or
(b)the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion.
(5)An officer may give an authorisation under subsection (4A) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
5A)The fingerprints of a person may be taken without the appropriate consent if (before or after the coming into force of this subsection) he has been arrested for a recordable offence and released and—
(a) he has not had his fingerprints taken in the course of the investigation of the offence by the police; or
(b) he has had his fingerprints taken in the course of that investigation but
(i)subsection (3A)(a) or (b) above applies, or
(ii)subsection (5C) below applies.
(5B)The fingerprints of a person not detained at a police station may be taken without the appropriate consent if (before or after the coming into force of this subsection) he has been charged with a recordable offence or informed that he will be reported for such an offence and—
(a)he has not had his fingerprints taken in the course of the investigation of the offence by the police; or
(b)he has had his fingerprints taken in the course of that investigation but
(i)subsection (3A)(a) or (b) above applies, or
(ii)subsection (5C) below applies.
(5C)This subsection applies where—
(a)the investigation was discontinued but subsequently resumed, and
(b)before the resumption of the investigation the fingerprints were destroyed pursuant to section 63D(3) below.
(6)Subject to this section, the fingerprints of a person may be taken without the appropriate consent if (before or after the coming into force of this subsection)—
(a)he has been convicted of a recordable offence, or
(b)he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, and
(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
either of the conditions mentioned in subsection (6ZA) below is met.
(6ZA)The conditions referred to in subsection (6) above are—
(a)the person has not had his fingerprints taken since he was convicted, or cautioned;
(b)he has had his fingerprints taken since then but subsection (3A)(a) or (b) above applies.
(6ZB)Fingerprints may only be taken as specified in subsection (6) above with the authorisation of an officer of at least the rank of inspector.
(6ZC)An officer may only give an authorisation under subsection (6ZB) above if the officer is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime.
(6A)A constable may take a person's fingerprints without the appropriate consent if—
(a)the constable reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence; and
(b)either of the two conditions mentioned in subsection (6B) is met.
(6B)The conditions are that—
(a)the name of the person is unknown to, and cannot be readily ascertained by, the constable;
(b)the constable has reasonable grounds for doubting whether a name furnished by the person as his name is his real name.
(6C)The taking of fingerprints by virtue of subsection (6A) does not count for any of the purposes of this Act as taking them in the course of the investigation of an offence by the police.
(6D)Subject to this section, the fingerprints of a person may be taken without the appropriate consent if—
(a)under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not he has been punished for it);
(b)the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted); and
(c)either of the conditions mentioned in subsection (6E) below is met.
(6E)The conditions referred to in subsection (6D)(c) above are—
(a)the person has not had his fingerprints taken on a previous occasion under subsection (6D) above;
(b)he has had his fingerprints taken on a previous occasion under that subsection but subsection (3A)(a) or (b) above applies.
(6F)Fingerprints may only be taken as specified in subsection (6D) above with the authorisation of an officer of at least the rank of inspector.
(6G)An officer may only give an authorisation under subsection (6F) above if the officer is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime.
7)Where a person's fingerprints are taken without the appropriate consent by virtue of any power conferred by this section—
(a)before the fingerprints are taken, the person shall be informed of—
(i)the reason for taking the fingerprints;
(ii)the power by virtue of which they are taken; and
(iii)in a case where the authorisation of the court or an officer is required for the exercise of the power, the fact that the authorisation has been given; and
(b)those matters shall be recorded as soon as practicable after the fingerprints are taken.
(7A)If a person’s fingerprints are taken at a police station, or by virtue of subsection (4A), (6A) at a place other than a police station, whether with or without the appropriate consent—
(a)before the fingerprints are taken, an officer (or, where by virtue of subsection (4A), (6A) or (6BA) the fingerprints are taken at a place other than a police station, the constable taking the fingerprints) shall inform him that they may be the subject of a speculative search; and
(b)the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.
(8)If he is detained at a police station when the fingerprints are taken, the matters referred to in subsection (7)(a)(i) to (iii) above and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection shall be recorded on his custody record.
8A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8B)Any power under this section to take the fingerprints of a person without the appropriate consent, if not otherwise specified to be exercisable by a constable, shall be exercisable by a constable.
(9)Nothing in this section—
(a)affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971; or
(b)applies to a person arrested or detained under the terrorism provisions.
(10)Nothing in this section applies to a person arrested under an extradition arrest power.

Section 62 Intimate samples.
Subject to section 63B below An intimate sample may be taken from a person in police detention only—
(a)if a police officer of at least the rank of inspector authorises it to be taken; and
(b)if the appropriate consent is given.
1A)An intimate sample may be taken from a person who is not in police detention but from whom, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient—
(a)if a police officer of at least the rank of inspector authorises it to be taken; and
(b)if the appropriate consent is given.
(2)An officer may only give an authorisation under subsection (1) or (1A) above if he has reasonable grounds—
(a)for suspecting the involvement of the person from whom the sample is to be taken in a recordable offence; and
(b)for believing that the sample will tend to confirm or disprove his involvement.
(2A)An intimate sample may be taken from a person where—
(a)two or more non-intimate samples suitable for the same means of analysis have been taken from the person under section 63(3E) below (persons convicted of offences outside England and Wales etc ) but have proved insufficient;
(b)a police officer of at least the rank of inspector authorises it to be taken; and
(c)the appropriate consent is given.
(2B)An officer may only give an authorisation under subsection (2A) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.
(3)An officer may give an authorisation under subsection (1) or (1A) or (2A) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(4)The appropriate consent must be given in writing.
(5)Before an intimate sample is taken from a person, an officer shall inform him of the following—
(a)the reason for taking the sample;
(b)the fact that authorisation has been given and the provision of this section under which it has been given; and
(c)if the sample was taken at a police station, the fact that the sample may be the subject of a speculative search.
(6)The reason referred to in subsection (5)(a) above must include, except in a case where the sample is taken under subsection (2A) above, a statement of the nature of the offence in which it is suspected that the person has been involved.
(7)After an intimate sample has been taken from a person, the following shall be recorded as soon as practicable—
(a)the matters referred to in subsection (5)(a) and (b) above;
(b)if the sample was taken at a police station, the fact that the person has been informed as specified in subsection (5)(c) above; and
(c)the fact that the appropriate consent was given.
(8)If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (7) ... above shall be recorded in his custody record.
(9)In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.
(9A)In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—
(a)a registered medical practitioner; or
(b)a registered health care professional.
(10)Where the appropriate consent to the taking of an intimate sample from person was refused without good cause, in any proceedings against that person for an offence—
(a)the court, in determining—
(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)whether there is a case to answer; and ( aa )a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and
(b)the court or jury, in determining whether that person is guilty of the offence charged,
may draw such inferences from the refusal as appear proper .
(11)Nothing in this section applies to the taking of a specimen for the purposes of any of the provisions of sections 4 to 11 of the Road Traffic Act 1988 or of sections 26 to 38 of the Transport and Works Act 1992 .
12)Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.

Section 63AA Inclusion of DNA profiles on National DNA Database
(1)This section applies to a DNA profile which is derived from a DNA sample and which is retained under any power conferred by any of sections 63E to 63L (including those sections as applied by section 63P).
(2)A DNA profile to which this section applies must be recorded on the National DNA Database.
Section 63AB National DNA Database Strategy Board
(1)The Secretary of State must make arrangements for a National DNA Database Strategy Board to oversee the operation of the National DNA Database.
(2)The National DNA Database Strategy Board must issue guidance about the destruction of DNA profiles which are, or may be, retained under this Part of this Act.
(3)A chief officer of a police force in England and Wales must act in accordance with guidance issued under subsection (2).
(4)The National DNA Database Strategy Board may issue guidance about the circumstances in which applications may be made to the Commissioner for the Retention and Use of Biometric Material under section 63G.
(5)Before issuing any such guidance, the National DNA Database Strategy Board must consult the Commissioner for the Retention and Use of Biometric Material.
(6)The Secretary of State must publish the governance rules of the National DNA Database Strategy Board and lay a copy of the rules before Parliament.
(7)The National DNA Database Strategy Board must make an annual report to the Secretary of State about the exercise of its functions.
(8)The Secretary of State must publish the report and lay a copy of the published report before Parliament.
(9)The Secretary of State may exclude from publication any part of the report if, in the opinion of the Secretary of State, the publication of that part would be contrary to the public interest or prejudicial to national security.

63D Destruction of fingerprints and DNA profiles
(1)This section applies to—
(a)fingerprints—
(i)taken from a person under any power conferred by this Part of this Act, or
(ii)taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police, and
(b)a DNA profile derived from a DNA sample taken as mentioned in paragraph (a)(i) or (ii).
(2)Fingerprints and DNA profiles to which this section applies (“section 63D material”) must be destroyed if it appears to the responsible chief officer of police that—
(a)the taking of the fingerprint or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful, or
(b)the fingerprint was taken, or, in the case of a DNA profile, was derived from a sample taken, from a person in connection with that person's arrest and the arrest was unlawful or based on mistaken identity.
(3)In any other case, section 63D material must be destroyed unless it is retained under any power conferred by sections 63E to 63O (including those sections as applied by section 63P).
(4)Section 63D material which ceases to be retained under a power mentioned in subsection (3) may continue to be retained under any other such power which applies to it.
(5)Nothing in this section prevents a speculative search, in relation to section 63D material, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

63Q Destruction of copies of section 63D material
(1)If fingerprints are required by section 63D to be destroyed, any copies of the fingerprints held by the police must also be destroyed.
(2)If a DNA profile is required by that section to be destroyed, no copy may be retained by the police except in a form which does not include information which identifies the person to whom the DNA profile relates.
63R Destruction of samples
(1)This section applies to samples—
(a)taken from a person under any power conferred by this Part of this Act, or
(b)taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police.
(2)Samples to which this section applies must be destroyed if it appears to the responsible chief officer of police that—
(a)the taking of the samples was unlawful, or
(b)the samples were taken from a person in connection with that person's arrest and the arrest was unlawful or based on mistaken identity.
(3)Subject to this, the rule in subsection (4) or (as the case may be) (5) applies.
(4)A DNA sample to which this section applies must be destroyed—
(a)as soon as a DNA profile has been derived from the sample, or
(b)if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken.
(5)Any other sample to which this section applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken.
(6)The responsible chief officer of police may apply to a District Judge (Magistrates' Courts) for an order to retain a sample to which this section applies beyond the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5) if—
(a)the sample was taken from a person in connection with the investigation of a qualifying offence, and
(b)the responsible chief officer of police considers that the condition in subsection (7) is met.
(7)The condition is that, having regard to the nature and complexity of other material that is evidence in relation to the offence, the sample is likely to be needed in any proceedings for the offence for the purposes of—
(a)disclosure to, or use by, a defendant, or
(b)responding to any challenge by a defendant in respect of the admissibility of material that is evidence on which the prosecution proposes to rely.
(8)An application under subsection (6) must be made before the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5).
(9)If, on an application made by the responsible chief officer of police under subsection (6), the District Judge (Magistrates' Courts) is satisfied that the condition in subsection (7) is met, the District Judge may make an order under this subsection which—
(a)allows the sample to be retained for a period of 12 months beginning with the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5), and
(b)may be renewed (on one or more occasions) for a further period of not more than 12 months from the end of the period when the order would otherwise cease to have effect.
(10)An application for an order under subsection (9) (other than an application for renewal)—
(a)may be made without notice of the application having been given to the person from whom the sample was taken, and
(b)may be heard and determined in private in the absence of that person.
(11)A sample retained by virtue of an order under subsection (9) must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.
(12)A sample that ceases to be retained by virtue of an order under subsection (9) must be destroyed.
(13)Nothing in this section prevents a speculative search, in relation to samples to which this section applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

63T Use of retained material
(1)Any material to which section 63D, 63R or 63S applies must not be used other than—
(a)in the interests of national security,
(b)for the purposes of a terrorist investigation,
(c)for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or
(d)for purposes related to the identification of a deceased person or of the person to whom the material relates.
(2)Material which is required by section 63D, 63R or 63S to be destroyed must not at any time after it is required to be destroyed be used—
(a)in evidence against the person to whom the material relates, or
(b)for the purposes of the investigation of any offence.
(3)In this section—
(a)the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,
(b)the reference to crime includes a reference to any conduct which—
(i)constitutes one or more criminal offences (whether under the law of England and Wales or of any country or territory outside England and Wales), or
(ii)is, or corresponds to, any conduct which, if it all took place in England and Wales, would constitute one or more criminal offences, and
(c)the references to an investigation and to a prosecution include references, respectively, to any investigation outside England and Wales of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside England and Wales.
63U Exclusions for certain regimes
(1)Sections 63D to 63T do not apply to material to which paragraphs 20A to 20J of Schedule 8 to the Terrorism Act 2000 (destruction, retention and use of material taken from terrorist suspects) apply.
(2)Any reference in those sections to a person being arrested for, or charged with, an offence does not include a reference to a person—
(a)being arrested under section 41 of the Terrorism Act 2000, or
(b)being charged with an offence following an arrest under that section.
(3)Sections 63D to 63T do not apply to material to which paragraph 8 of Schedule 4 to the International Criminal Court Act 2001 (requirement to destroy material) applies.
(4)Sections 63D to 63T do not apply to material to which paragraph 6 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (requirement to destroy material) applies.
(5) Sections 63D to 63T do not apply to material which is, or may become, disclosable under—
(a)the Criminal Procedure and Investigations Act 1996, or
(b)a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act.
5A)A sample that—
(a)falls within subsection (5), and
(b)but for that subsection would be required to be destroyed under section 63R,
must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.
(5B)A sample that once fell within subsection (5) but no longer does, and so becomes a sample to which section 63R applies, must be destroyed immediately if the time specified for its destruction under that section has already passed.
(6)Sections 63D to 63T do not apply to material which—
(a)is taken from a person, but
(b)relates to another person.
(7)Nothing in sections 63D to 63T affects any power conferred by—
(a)paragraph 18(2) of Schedule 2 to the Immigration Act 1971 (power to take reasonable steps to identify a person detained), or
(b)section 20 of the Immigration and Asylum Act 1999 (disclosure of police information to the Secretary of State for use for immigration purposes).

64ZN Use of retained material
(1)Any material to which section 64 applies which is retained after it has fulfilled the purpose for which it was taken or derived must not be used other than—
(a)in the interests of national security,
(b)for the purposes of a terrorist investigation,
(c)for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or
(d)for purposes related to the identification of a deceased person or of the person to whom the material relates.
(2)Material which is required to be destroyed by virtue of any of sections 64ZA to 64ZJ, or of section 64ZM, must not at any time after it is required to be destroyed be used—
(a)in evidence against the person to whom the material relates, or
(b)for the purposes of the investigation of any offence.
(3)In this section—
(a)the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,
(b)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
(c)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.

Type of law: 
National constitutional law
Charter article: 
Country: 
United Kingdom