Textual Amendments
F1Sch. 2A inserted (E.W.) (7.3.2011 except for the insertion of Sch. 2A paras. 4, 12) by Crime and Security Act 2010 (c. 17), ss. 6(2), 59(1); S.I. 2011/414, art. 2(d)
F2Words in Sch. 2A heading substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 52(4), 208(5)(e)
1(1)A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5A).E+W
(2) The power under sub-paragraph (1) above may not be exercised in a case falling within [F3 section 61(5A)(b)(i) ] (fingerprints taken on previous occasion insufficient etc ) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied.
(3) In sub-paragraph (2) above “ appropriate officer ” means the officer investigating the offence for which the person was arrested.
[F4(4)The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.]
Textual Amendments
F3Words in Sch. 2A para. 1(2) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 86(2)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(e)
F4Sch. 2A para. 1(4) inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 86(2)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(e)
2(1)A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5B).E+W
(2)The power under sub-paragraph (1) above may not be exercised after the end of the period of six months beginning with—
(a)in a case falling within section 61(5B)(a) (fingerprints not taken previously), the day on which the person was charged or informed that he would be reported, or
(b) in a case falling within [F5 section 61(5B)(b)(i) ] (fingerprints taken on previous occasion insufficient etc ), the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied. [F6, or
(c)in a case falling within section 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed.]
(3) In sub-paragraph (2)(b) above “ appropriate officer ” means the officer investigating the offence for which the person was charged or informed that he would be reported.
Textual Amendments
F5Words in Sch. 2A para. 2(2)(b) substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 86(3)(a) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(e)
F6Sch. 2A para. 2(2)(c) and word inserted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), s. 185(1), Sch. 11 para. 86(3)(b) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/949, art. 3, Sch. para. 23(e)
3(1)A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6).E+W
(2)Where the condition in section 61(6ZA)(a) is satisfied (fingerprints not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
(a)the day on which the person was convicted [F7 or cautioned ] , or
(b)if later, the day on which this Schedule comes into force.
(3) Where the condition in section 61(6ZA)(b) is satisfied (fingerprints taken on previous occasion insufficient etc ), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with—
(a)the day on which an appropriate officer was informed that section 61(3A)(a) or (b) applied, or
(b)if later, the day on which this Schedule comes into force.
(4) In sub-paragraph (3)(a) above “ appropriate officer ” means an officer of the police force which investigated the offence in question.
(5)Sub-paragraphs (2) and (3) above do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction [F8 or caution ] ).
Textual Amendments
F7Words in Sch. 2A para. 3(2)(a) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 11(2)(a) (with s. 135(4)); S.I. 2013/453, art. 4(f)
F8Words in Sch. 2A para. 3(5) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 11(2)(b) (with s. 135(4)); S.I. 2013/453, art. 4(f)
F94E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 2A para. 4 omitted (15.12.2011) by virtue of Terrorism Prevention and Investigation Measures Act 2011 (c. 23), s. 31(2), Sch. 7 para. 2 (with Sch. 8)
Prospective
[F105E+WA constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6D).
Textual Amendments
F10Sch. 2A inserted (prosp.) by Crime and Security Act 2010 (c. 17), ss. 6(2), 59
Prospective
6(1)Where a person's fingerprints have been taken under section 61 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have his fingerprints taken under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector.E+W
(2)Where an authorisation is given under sub-paragraph (1) above—
(a)the fact of the authorisation, and
(b)the reasons for giving it,
shall be recorded as soon as practicable after it has been given.]]