Police and Criminal Evidence Act 1984

SCHEDULE 2A Fingerprinting , samples and photographs: power to require attendance at police station

Section 63A(4) Part 1 Fingerprinting Persons arrested and released 1 (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5A). (2) The power under sub-paragraph (1) above may not be exercised in a case falling within 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. (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. Persons charged etc 2 (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5B). (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 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. , 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. Persons convicted etc of an offence in England and Wales 3 (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6). (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 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 or caution ). Persons subject to a control order 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Persons convicted etc of an offence outside England and Wales Multiple attendance Part 2 Intimate samples Persons suspected to be involved in an offence Persons convicted etc of an offence outside England and Wales Part 3 Non-intimate samples Persons arrested and released 9 (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3ZA). (2) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b)(i) or (ii) (sample taken on a previous occasion not suitable etc ) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3ZA)(b)(i) or (ii). (3) In sub-paragraph (2) above, “ appropriate officer ” means the officer investigating the offence for which the person was arrested. (4) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed. Persons charged etc 10 (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3A). (2) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(a) (sample not taken previously) after the end of the period of six months beginning with the day on which he was charged or informed that he would be reported. (3) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(i) or (ii) (sample taken on a previous occasion not suitable etc ) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3A)(b)(i) or (ii). (4) In sub-paragraph (3) above “ appropriate officer ” means the officer investigating the offence for which the person was charged or informed that he would be reported. (5) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed. Persons convicted etc of an offence in England and Wales 11 (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3B). (2) Where the condition in section 63(3BA)(a) is satisfied (sample 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 or cautioned , or (b) if later, the day on which this Schedule comes into force. (3) Where the condition in section 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable 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 of the matters specified in section 63(3BA)(b)(i) or (ii), 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— (a) the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution ), or (b) he was convicted before 10th April 1995 and is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies. Persons subject to a control order 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3A Photographs Persons arrested and released 14A (1) A constable may require a person who falls within section 64A(1D)(a) to attend a police station to be photographed under section 64A(1C). (2) The power under sub-paragraph (1) may not be exercised in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 64(1E)(b)(i) applied. (3) In sub-paragraph (2) the “appropriate officer” means the officer investigating the offence for which the person was arrested. Persons charged etc. 14B (1) A constable may require a person who falls within section 64A(1D)(b) or (c) to attend a police station to be photographed under section 64A(1C). (2) The power under sub-paragraph (1) may not be exercised after the end of the period of six months beginning with— (a) in a case where section 64A(1E)(a) applies (photograph not previously taken), the day on which the person was charged or informed that they would be reported, or (b) in a case where section 64A(1E)(b) applies (photograph taken on a previous occasion unavailable or inadequate), the day on which the appropriate officer was informed that section 64A(1E)(b)(i) applied. (3) In sub-paragraph (2)(b) the “appropriate officer” means the officer investigating the offence for which the person was charged or informed that they would be reported. Persons convicted of an offence etc. in England and Wales 14C (1) A constable may require a person who falls within section 64A(1F) to attend a police station to be photographed under section 64A(1C). (2) Where section 64A(1G)(a) applies (photographs not previously taken), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with— (a) the day on which the person was convicted or cautioned, or (b) if later, the day on which this Part comes into force. (3) Where section 64A(1G)(b) applies (photograph taken on previous occasion unavailable or inadequate), the power under sub-paragraph (1) 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 64A(1G)(b)(i) applied, or (b) if later, the day on which this Part comes into force. (4) In sub-paragraph (3)(a), “appropriate officer” means an officer of the police force which investigated the offence in question. (5) Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution). Persons convicted of an offence etc. outside England and Wales 14D A constable may require a person falling within section 64A(1H) to attend at a police station to be photographed under section 64A(1C). Multiple exercise of power 14E (1) Where a photograph is taken of a person under section 64A on two occasions in relation to any offence, the person may not under this Schedule be required to attend a police station to be photographed 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. (2) Where an authorisation is given under sub-paragraph (1)— (a) the fact of the authorisation, and (b) the reasons for giving it, must be recorded as soon as practicable after it has been given. Part 4 General and supplementary