Serious Organised Crime and Police Act 2005

117Fingerprints

(1)Section 61 of PACE (fingerprinting) is amended as provided in subsections (2) to (4).

(2)After subsection (6) insert—

“(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.”

(3)In subsection (7), for “or (6)” substitute “, (6) or (6A)”.

(4)In subsection (7A)—

(a)after “police station,” insert “or by virtue of subsection (6A) at a place other than a police station,”,

(b)in paragraph (a), after “an officer” insert “(or, in a subsection (6A) case, the constable)”.

(5)In section 63A of PACE (fingerprints and samples: supplementary provisions)—

(a)after subsection (1) insert—

“(1ZA)Fingerprints taken by virtue of section 61(6A) above may be checked against other fingerprints 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)in subsection (1A), after “subsection (1)” insert “and (1ZA)”.

(6)Section 64 of PACE (destruction of fingerprints and samples) is amended as follows.

(7)In subsection (1A), for “or the conduct of a prosecution” substitute “, the conduct of a prosecution or the identification of a deceased person or of the person from whom a body part came”.

(8)After subsection (1B) insert—

“(1BA)Fingerprints taken from a person by virtue of section 61(6A) above must be destroyed as soon as they have fulfilled the purpose for which they were taken.”

(9)In subsection (3AB), for “subsection (3)” substitute “subsection (1BA) or (3)”.

(10)in subsection (3AC)—

(a)in paragraph (a), after “that” insert “fingerprint or”,

(b)at the end add the following new sentence—

“This subsection does not apply to fingerprints taken from a person by virtue of section 61(6A) above.”