In what circumstances are the police allowed to take my fingerprints and other samples?
The police sometimes need to take samples and fingerprints as part of the investigation process. There are certain circumstances when the police need to have consent in order to take the fingerprints and some samples, however in other circumstances such consent is not necessary. All those circumstances are considered below.
As in accordance with the Police and Criminal Evidence Act (PACE), the police are allowed to take the fingerprints if the suspect is detained for a recordable offence. The police do not need to have the consent for the taking of the fingerprints. The taking of footwear impression is also allowed under this Act. It is also allowed to do some other searches including searches by way of X-ray and ultrasound scans for persons in detention although the police must have a reasonable suspicion that the detained may have swallowed a Class A drug and this person had an intention to commit an offence under the Misuse of Drugs Act. Only qualified persons can carry out those types of searches and they must do this with the use of suitable equipment at an appropriate place. If the suspect refuses to give consent for such searches to be carried out, the court may draw adverse inferences against the suspect in relation to this matter. The police are allowed to keep the fingerprints and the samples for the purposes of speculative searches and investigation of any crime.
Intimate samples include blood, urine, pubic hair, tissue fluid, and dental impression, swabs taken from the person’s genitals or from any part of them, from a body orifice except for the mouth. Carrying out of intimate searches is also governed by the statute, namely Police and Criminal Evidence Act. The statute imposes conditions which must be fulfilled before such samples are legally taken, these include that the suspect must consent to the taking of an intimate sample. The taking of such samples must be authorised by the officer with the rank of Inspector and such authority as well as the consent of the suspect must be in writing. The Inspector must be satisfied and must believe that there are reasonable grounds to believe that the suspect may have committed a particular offence and it is essential to take the sample in order to confirm the same. It is the Inspector’s responsibility to inform the suspect that in case of a refusal to give consent to take the sample; such an action can lead to adverse inferences being made against the suspect.
Non-intimate samples include the samples of hair other than pubic hair, samples from nail or from under the nail, a swab from the suspect’s part of the body other than the one which is intimate. Non-intimate samples include saliva, skin impression etc. A non-intimate sample can be taken even without the consent of the suspect but the suspect must be detained for a recordable offence. The suspect does not need to be charged with any offence or cautioned.
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- Search of the suspect
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