PART VIN.I.QUESTIONING AND TREATMENT OF PERSONS BY POLICE

Destruction of fingerprints and samplesN.I.

(a)fingerprints [F2, impressions of footwear] or samples are taken from a person in connection with the investigation of an offence; and

(b)paragraph (3) does not require them to be destroyed,

the fingerprints [F2, impressions of footwear] or samples may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except for purposes related to the prevention or detection of crime, the investigation of an offence [F3, the conduct of a prosecution or the identification of a deceased person or of the person from whom a body part came].

(1B) In paragraph (1A)—

(a)the reference to using a fingerprint [F4or an impression of footwear] includes a reference to allowing any check to be made against it under Article 63A(1) and to disclosing it to any person;

(b)the reference to using a sample includes a reference to allowing any check to be made under Article 63A(1) against it or against information derived from it and to disclosing it or any such information to any person;

(c)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

(d)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.]

[F5(1BA) Fingerprints taken from a person by virtue of Article 61(6A) must be destroyed as soon as they have fulfilled the purpose for which they were taken.]

(3) If—

(a)fingerprints [F6, impressions of footwear] or samples are taken from a person in connection with the investigation of an offence; and

(b)that person is not suspected of having committed the offence,

they must[F7 except as provided in[F1 the following provisions of this Article]] be destroyed as soon as they have fulfilled the purpose for which they were taken.

[F1(3AA) Samples [F8, fingerprints and impressions of footwear] are not required to be destroyed under paragraph (3) if—

(a)they were taken for the purposes of the investigation of an offence of which a person has been convicted; and

(b)a sample [F9, fingerprint or (as the case may be) an impression of footwear] was also taken from the convicted person for the purposes of that investigation.

(3AB) Subject to paragraph (3AC), where a person is entitled under [F10paragraph (1BA) or (3)] to the destruction of any fingerprint [F11, impression of footwear] or sample taken from him (or would be but for paragraph (3AA)), neither the fingerprint [F12, nor the impression of footwear,] nor the sample, nor any information derived from the sample, shall be used—

(a)in evidence against the person who is or would be entitled to the destruction of that fingerprint [F11, impression of footwear] or sample; or

(b)for the purposes of the investigation of any offence;

and paragraph (1B) applies for the purposes of this paragraph as it applies for the purposes of paragraph (1A).

(3AC) Where a person from whom a fingerprint [F13, impression of footwear] or sample has been taken consents in writing to its retention—

(a)that [F14fingerprint, impression of footwear or] sample need not be destroyed under paragraph (3); and

(b)paragraph (3AB) shall not restrict the use that may be made of the fingerprint [F13, impression of footwear] or sample or, in the case of a sample, of any information derived from it;

[F15(c)that consent shall be treated as comprising a consent for the purposes of Article 63A(1C).]

and a consent given for the purposes of this paragraph shall not be capable of being withdrawn.[F16 This paragraph does not apply to fingerprints taken from a person by virtue of Article 61(6A).]

(3AD) For the purposes of paragraph (3AC) it shall be immaterial whether the consent is given at, before or after the time when the entitlement to the destruction of the fingerprint [F17, impression of footwear] or sample arises.]

Para. (4) rep. by 2001 c. 16

(5) If fingerprints [F18or impressions of footwear] are destroyed—

(a)any copies of the fingerprints [F18or impressions of footwear] shall also be destroyed; and

(b)a person authorised by the Chief Constable to control access to computer data relating to the fingerprints [F18or impressions of footwear] shall make access to the data impossible, as soon as it is practicable to do so.

(6) A person who asks to be allowed to witness the destruction of his fingerprints [F19or impressions of footwear] or copies of them shall have a right to witness it.

(7) If—

(a)paragraph (5)(b) falls to be complied with; and

(b)the person to whose fingerprints [F20or impressions of footwear] the data relate asks for a certificate that it has been complied with,

such a certificate shall be issued to him not later than the end of the period of 3 months beginning with the day on which he asks for it by the Chief Constable or a person authorised by him or on his behalf for the purposes of this Article.

(8) Nothing in this Article—

(a)affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971F21[F1 or section 20 of the Immigration and Asylum Act 1999 (c. 33) (disclosure of police information to the Secretary of State for use for immigration purposes);]; or