47ZL Applicable bail period and bail return date: special case of release on bail under section 37(7)(a) or 37C(2)(b)
(1) This section applies where a person is released on bail under section 37(7)(a) or 37C(2)(b).
(2) The running of the applicable bail period in relation to the person—
(a) does not begin (in the case of a first release on bail), or
(b) is suspended (in any other case),
(subject to subsection (6)).
(3) Accordingly section 47ZA does not apply to the exercise of the power mentioned in section 47ZA(1) when releasing the person on bail.
(4) Subsections (5) and (6) apply if a DPP request is made in relation to the person.
(5) A custody officer must exercise the power mentioned in section 47(4A) to appoint a different time for the person to attend at the police station (and section 47(4B) to (4D) applies accordingly).
(6) The applicable bail period in relation to the person—
(a) begins to run on the day on which the DPP request is made (in the case of a first release on bail), or
(b) resumes running on that day (in any other case).
(7) Subsection (8) applies where—
(a) a DPP request has been made in relation to the person, and
(b) the applicable bail period in relation to the person would end before the end of the period of 7 days beginning with the day on which the DPP request was made.
(8) The running of the applicable bail period in relation to the person is suspended for the number of days necessary to secure that the applicable bail period ends at the end of the period of 7 days beginning with the day on which the DPP request was made.
(9) Subsections (10) and (11) apply if the DPP request made in relation to the person is met.
(10) The running of the applicable bail period in relation to the person is suspended.
(11) Accordingly section 47(4D) does not apply to any exercise of the power under section 47(4A).
(12) For the purposes of this section—
(a) a “DPP request”, in relation to a person, means a request by the Director of Public Prosecutions for the further information specified in the request to be provided before the Director decides under section 37B(2) whether there is sufficient evidence to charge the person with the relevant offence,
(b) a DPP request is met when the further information specified in the request is provided, and
(c) references to the case of a first release on bail are to a case where the person has not been released on bail in relation to the relevant offence under any other provision of this Part or under section 30A.
47ZM Applicable bail period: special cases of release on bail under section 30A and periods in hospital
(1) Subsections (2) and (3) apply where a person was released on bail under section 30A.
(2) The period of 3 months mentioned in section 30B(8) in relation to the person is to be treated as being the period of 3 months mentioned in section 47ZB(1)(b) in relation to the person.
(3) Any reference to the relevant offence, in relation to the person, is to be read as a reference to the offence in respect of which the power in section 30A(1) was exercised.
(4) Subsection (5) applies if, at any time on the day on which the applicable bail period in relation to a person would end, the person is in hospital as an in-patient.
(5) The running of the applicable bail period in relation to the person is to be treated as having been suspended for any day on which the patient was in hospital as an in-patient.
In section 128 of the Magistrates’ Courts Act 1980—
(a) in subsection (7) for the words “the custody of a constable” there shall be substituted the words “detention at a police station”;
(b) after subsection (7) there shall be inserted the following subsection—
(8) Where a person is committed to detention at a police station under subsection (7) above—
(a) he shall not be kept in such detention unless there is a need for him to be so detained for the purposes of inquiries into other offences;
(b) if kept in such detention, he shall be brought back before the magistrates’ court which committed him as soon as that need ceases;
(c) he shall be treated as a person in police detention to whom the duties under section 39 of the Police and Criminal Evidence Act 1984 (responsibilities in relation to persons detained) relate;
(d) his detention shall be subject to periodic review at the times set out in section 40 of that Act (review of police detention).
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49 Police detention to count towards custodial sentence.
(1) In subsection (1) of section 67 of the Criminal Justice Act 1967 (computation of custodial sentences) for the words from “period”, in the first place where it occurs, to “the offender” there shall be substituted the words “relevant period, but where he”.
(2) The following subsection shall be inserted after that subsection—
(1A) In subsection (1) above “relevant period” means—
(a) any period during which the offender was in police detention in connection with the offence for which the sentence was passed; or
(b) any period during which he was in custody—
(i) by reason only of having been committed to custody by an order of a court made in connection with any proceedings relating to that sentence or the offence for which it was passed or any proceedings from which those proceedings arose; or
(ii) by reason of his having been so committed and having been concurrently detained otherwise than by order of a court.
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(3) The following subsections shall be added after subsection (6) of that section—
(7) A person is in police detention for the purposes of this section—
(a) at any time when he is in police detention for the purposes of the Police and Criminal Evidence Act 1984; and
(b) at any time when he is detained under section 12 of the Prevention of Terrorism (Temporary Provisions) Act 1984.
(8) No period of police detention shall be taken into account under this section unless it falls after the coming into force of section 49 of the Police and Criminal Evidence Act 1984.
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(1) Each police force shall keep written records showing on an annual basis—
(a) the number of persons kept in police detention for more than 24 hours and subsequently released without charge;
(b) the number of applications for warrants of further detention and the results of the applications; and
(c) in relation to each warrant of further detention—
(i) the period of further detention authorised by it;
(ii) the period which the person named in it spent in police detention on its authority; and
(iii) whether he was charged or released without charge.
(2) Every annual report—
(a) under section 22 of the Police Act 1996; or
(b) made by the Commissioner of Police of the Metropolis,
shall contain information about the matters mentioned in subsection (1) above in respect of the period to which the report relates.
50A Interpretation of references to pre-conditions for bail
(1) For the purposes of this Part the following are the pre-conditions for bail in relation to the release of a person by a custody officer—
(a) that the custody officer is satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed), and
(b) that the custody officer has considered any representations made by the person or the person’s legal representative.
(2) In determining whether releasing the person on bail is necessary and proportionate in all the circumstances, the custody officer must have regard in particular to—
(a) the need to secure that the person surrenders to custody,
(b) the need to prevent offending by the person,
(c) the need to safeguard victims of crime and witnesses, taking into account any vulnerabilities of any alleged victim of, or alleged witness to, the offence for which the person was arrested where these vulnerabilities have been identified by the custody officer,
(d) the need to safeguard the person, taking into account any vulnerabilities of the person where these vulnerabilities have been identified by the custody officer, and
(e) the need to manage risks to the public.
50B Guidance from the College of Policing on pre-charge bail
(1) The College of Policing may, with the approval of the Secretary of State, issue guidance on bail that is granted to a person under Part 3 or this Part (“pre-charge bail”).
(2) Guidance on pre-charge bail may in particular cover—
(a) the exercise of powers to release a person on pre-charge bail;
(b) the exercise of powers to impose or vary conditions of pre-charge bail;
(c) the exercise of powers to arrest a person—
(i) for failing to answer pre-charge bail, or
(ii) for breaching any conditions of pre-charge bail;
(d) the exercise of powers to extend the period of pre-charge bail;
(e) the duty to seek the views of alleged victims about conditions of pre-charge bail.
(3) The College of Policing may, with the approval of the Secretary of State, from time to time revise the whole or any part of its guidance on pre-charge bail.
(4) Before issuing or revising guidance on pre-charge bail, the College of Policing must consult—
(a) the National Police Chiefs’ Council,
(b) such persons as appear to the College to represent the views of local policing bodies, and
(c) such other persons as the College thinks fit.
(5) The Secretary of State must lay before Parliament any guidance on pre-charge bail issued by the College of Policing, and any revision of such guidance.
(6) The Secretary of State is not required by subsection (5) to lay before Parliament, or may exclude from what is laid, anything the publication of which, in the opinion of the Secretary of State—
(a) could prejudice the prevention or detection of crime or the apprehension or prosecution of offenders, or
(b) could jeopardise the safety of any person.
(7) A person who exercises functions relating to pre-charge bail must have regard to the guidance.
(8) But subsection (7) does not apply to—
(a) a member of the Serious Fraud Office,
(b) a member of staff of the Financial Conduct Authority,
(c) an officer of Revenue and Customs, or
(d) a National Crime Agency officer.
(9) A failure on the part of a person to whom subsection (7) applies to comply with the guidance does not of itself render the person liable to any criminal or civil proceedings.
(10) But guidance on pre-charge bail is admissible in evidence in criminal or civil proceedings and a court may take into account a failure to comply with it in determining a question in the proceedings.
Nothing in this Part of this Act shall affect—
(a) the powers conferred on immigration officers by section 4 of and Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc.);
(b) the powers conferred by virtue of section 41 or 43B of, or Schedule 7 to, the Terrorism Act 2000 (powers of arrest and detention); ...
(ba) the powers conferred by virtue of Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (powers of detention);
(bb) the powers conferred by virtue of section 27 of and Schedule 6 to the National Security Act 2023;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) any right of a person in police detention to apply for a writ of habeas corpus or other prerogative remedy.
53 Abolition of certain powers of constables to search persons.
(1) Subject to subsection (2) below, there shall cease to have effect any Act (including a local Act) passed before this Act in so far as it authorises—
(a) any search by a constable of a person in police detention at a police station; or
(b) an intimate search of a person by a constable;
and any rule of common law which authorises a search such as is mentioned in paragraph (a) or (b) above is abolished.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The custody officer at a police station shall ascertain . . . everything which a person has with him when he is—
(a) brought to the station after being arrested elsewhere or after being committed to custody by an order of sentence of a court; or
(b) arrested at the station or detained there , as a person falling within section 34(7), under section 37 above or as a person to whom section 46ZA(4) or (5) applies.
(2) The custody officer may record or cause to be recorded all or any of the things which he ascertains under subsection (1).
(2A) In the case of an arrested person, any such record may be made as part of his custody record.
(3) Subject to subsection (4) below, a custody officer may seize and retain any such thing or cause any such thing to be seized and retained.
(4) Clothes and personal effects may only be seized if the custody officer—
(a) believes that the person from whom they are seized may use them—
(i) to cause physical injury to himself or any other person;
(ii) to damage property;
(iii) to interfere with evidence; or
(iv) to assist him to escape; or
(b) has reasonable grounds for believing that they may be evidence relating to an offence.
(5) Where anything is seized, the person from whom it is seized shall be told the reason for the seizure unless he is—
(a) violent or likely to become violent; or
(b) incapable of understanding what is said to him.
(6) Subject to subsection (7) below, a person may be searched if the custody officer considers it necessary to enable him to carry out his duty under subsection (1) above and to the extent that the custody officer considers necessary for that purpose.
(6A) A person who is in custody at a police station or is in police detention otherwise than at a police station may at any time be searched in order to ascertain whether he has with him anything which he could use for any of the purposes specified in subsection (4)(a) above.
(6B) Subject to subsection (6C) below, a constable may seize and retain, or cause to be seized and retained, anything found on such a search.
(6C) A constable may only seize clothes and personal effects in the circumstances specified in subsection (4) above.
(7) An intimate search may not be conducted under this section.
(8) A search under this section shall be carried out by a constable.
(9) The constable carrying out a search shall be of the same sex as the person searched.
54A Searches and examination to ascertain identity
(1) If an officer of at least the rank of inspector authorises it, a person who is detained in a police station may be searched or examined, or both—
(a) for the purpose of ascertaining whether he has any mark that would tend to identify him as a person involved in the commission of an offence; or
(b) for the purpose of facilitating the ascertainment of his identity.
(2) An officer may only give an authorisation under subsection (1) for the purpose mentioned in paragraph (a) of that subsection if—
(a) the appropriate consent to a search or examination that would reveal whether the mark in question exists has been withheld; or
(b) it is not practicable to obtain such consent.
(3) An officer may only give an authorisation under subsection (1) in a case in which subsection (2) does not apply if—
(a) the person in question has refused to identify himself; or
(b) the officer has reasonable grounds for suspecting that that person is not who he claims to be.
(4) An officer may give an authorisation under subsection (1) orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(5) Any identifying mark found on a search or examination under this section may be photographed—
(a) with the appropriate consent; or
(b) if the appropriate consent is withheld or it is not practicable to obtain it, without it.
(6) Where a search or examination may be carried out under this section, or a photograph may be taken under this section, the only persons entitled to carry out the search or examination, or to take the photograph, are constables
(7) A person may not under this section carry out a search or examination of a person of the opposite sex or take a photograph of any part of the body of a person of the opposite sex.
(8) An intimate search may not be carried out under this section.
(9) A photograph taken under this section—
(a) may be used by, or disclosed to, any person for any purpose related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution; and
(b) after being so used or disclosed, may be retained but may not be used or disclosed except for a purpose so related.
(10) In subsection —
(a) 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
(b) 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.
(11) In this section—
(a) references to ascertaining a person’s identity include references to showing that he is not a particular person; and
(b) references to taking a photograph include references to using any process by means of which a visual image may be produced, and references to photographing a person shall be construed accordingly.
(12) In this section “mark” includes features and injuries; and a mark is an identifying mark for the purposes of this section if its existence in any person’s case facilitates the ascertainment of his identity or his identification as a person involved in the commission of an offence.
(13) Nothing in this section applies to a person arrested under an extradition arrest power.
54B Searches of persons answering to live link bail
(1) A constable may search at any time—
(a) any person who is at a police station to answer to live link bail; and
(b) any article in the possession of such a person.
(2) If the constable reasonably believes a thing in the possession of the person ought to be seized on any of the grounds mentioned in subsection (3), the constable may seize and retain it or cause it to be seized and retained.
(3) The grounds are that the thing—
(a) may jeopardise the maintenance of order in the police station;
(b) may put the safety of any person in the police station at risk; or
(c) may be evidence of, or in relation to, an offence.
(4) The constable may record or cause to be recorded all or any of the things seized and retained pursuant to subsection (2).
(5) An intimate search may not be carried out under this section.
(6) The constable carrying out a search under subsection (1) must be of the same sex as the person being searched.
(7) In this section “live link bail” means bail granted under Part 4 of this Act subject to the duty mentioned in section 47(3)(b).
(1) Except as provided by subsections (2) and (3), a constable may retain a thing seized under section 54B until the time when the person from whom it was seized leaves the police station.
(2) A constable may retain a thing seized under section 54B in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.
(3) If a thing seized under section 54B may be evidence of, or in relation to, an offence, a constable may retain it—
(a) for use as evidence at a trial for an offence; or
(b) for forensic examination or for investigation in connection with an offence.
(4) Nothing may be retained for either of the purposes mentioned in subsection (3) if a photograph or copy would be sufficient for that purpose.
(5) Nothing in this section affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.
(6) The references in this section to anything seized under section 54B include anything seized by a person to whom paragraph 27A of Schedule 4 to the Police Reform Act 2002 applies.
(1) Subject to the following provisions of this section, if an officer of at least the rank of inspector has reasonable grounds for believing—
(a) that a person who has been arrested and is in police detention may have concealed on him anything which—
(i) he could use to cause physical injury to himself or others; and
(ii) he might so use while he is in police detention or in the custody of a court; or
(b) that such a person—
(i) may have a Class A drug concealed on him; and
(ii) was in possession of it with the appropriate criminal intent before his arrest,
he may authorise an intimate search of that person.
(2) An officer may not authorise an intimate search of a person for anything unless he has reasonable grounds for believing that it cannot be found without his being intimately searched.
(3) An officer may give an authorisation under subsection (1) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(3A) A drug offence search shall not be carried out unless the appropriate consent has been given in writing.
(3B) Where it is proposed that a drug offence search be carried out, an appropriate officer shall inform the person who is to be subject to it—
(a) of the giving of the authorisation for it; and
(b) of the grounds for giving the authorisation.
(4) An intimate search which is only a drug offence search shall be by way of examination by a suitably qualified person.
(5) Except as provided by subsection (4) above, an intimate search shall be by way of examination by a suitably qualified person unless an officer of at least the rank of inspector considers that this is not practicable.
(6) An intimate search which is not carried out as mentioned in subsection (5) above shall be carried out by a constable.
(7) A constable may not carry out an intimate search of a person of the opposite sex.
(8) No intimate search may be carried out except—
(a) at a police station;
(b) at a hospital;
(c) at a registered medical practitioner’s surgery; or
(d) at some other place used for medical purposes.
(9) An intimate search which is only a drug offence search may not be carried out at a police station.
(10) If an intimate search of a person is carried out, the custody record relating to him shall state—
(a) which parts of his body were searched; and
(b) why they were searched.
(10A) If the intimate search is a drug offence search, the custody record relating to that person shall also state—
(a) the authorisation by virtue of which the search was carried out;
(b) the grounds for giving the authorisation; and
(c) the fact that the appropriate consent was given.
(11) The information required to be recorded by subsections (10) and (10A) above shall be recorded as soon as practicable after the completion of the search.
(12) The custody officer at a police station may seize and retain anything which is found on an intimate search of a person, or cause any such thing to be seized and retained—
(a) if he believes that the person from whom it is seized may use it—
(i) to cause physical injury to himself or any other person;
(ii) to damage property;
(iii) to interfere with evidence; or
(iv) to assist him to escape; or
(b) if he has reasonable grounds for believing that it may be evidence relating to an offence.
(13) Where anything is seized under this section, the person from whom it is seized shall be told the reason for the seizure unless he is—
(a) violent or likely to become violent; or
(b) incapable of understanding what is said to him.
(13A) Where the appropriate consent to a drug offence search of any person was refused without good cause, in any proceedings against that person for an offence—
(a) the court, in determining whether there is a case to answer;
(b) a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and
(c) the court or jury, in determining whether that person is guilty of the offence charged,
may draw such inferences from the refusal as appear proper.
(14) Every annual report—
(a) under section 22 of the Police Act 1996; or
(b) made by the Commissioner of Police of the Metropolis,
shall contain information about searches under this section which have been carried out in the area to which the report relates during the period to which it relates.
(14A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(15) The information about such searches shall include—
(a) the total number of searches;
(b) the number of searches conducted by way of examination by a suitably qualified person;
(c) the number of searches not so conducted but conducted in the presence of such a person; and
(d) the result of the searches carried out.
(16) The information shall also include, as separate items—
(a) the total number of drug offence searches; and
(b) the result of those searches.
(17) In this section—
“the appropriate criminal intent” means an intent to commit an offence under—
(a) section 5(3) of the Misuse of Drugs Act 1971 (possession of controlled drug with intent to supply to another); or
(b) section 68(2) of the Customs and Excise Management Act 1979 (exportation etc. with intent to evade a prohibition or restriction);
“appropriate officer” means—
a constable,
.... . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“Class A drug” has the meaning assigned to it by section 2(1)(b) of the Misuse of Drugs Act 1971;
“drug offence search” means an intimate search for a Class A drug which an officer has authorised by virtue of subsection (1)(b) above; and
“suitably qualified person” means—
(a) a registered medical practitioner; or
(b) a registered nurse.
(1) If an officer of at least the rank of inspector has reasonable grounds for believing that a person who has been arrested for an offence and is in police detention—
(a) may have swallowed a Class A drug, and
(b) was in possession of it with the appropriate criminal intent before his arrest,
the officer may authorise that an x-ray is taken of the person or an ultrasound scan is carried out on the person (or both).
(2) An x-ray must not be taken of a person and an ultrasound scan must not be carried out on him unless the appropriate consent has been given in writing.
(3) If it is proposed that an x-ray is taken or an ultrasound scan is carried out, an appropriate officer must inform the person who is to be subject to it—
(a) of the giving of the authorisation for it, and
(b) of the grounds for giving the authorisation.
(4) An x-ray may be taken or an ultrasound scan carried out only by a suitably qualified person and only at—
(a) a hospital,
(b) a registered medical practitioner's surgery, or
(c) some other place used for medical purposes.
(5) The custody record of the person must also state—
(a) the authorisation by virtue of which the x-ray was taken or the ultrasound scan was carried out,
(b) the grounds for giving the authorisation, and
(c) the fact that the appropriate consent was given.
(6) The information required to be recorded by subsection (5) must be recorded as soon as practicable after the x-ray has been taken or ultrasound scan carried out (as the case may be).
(7) Every annual report—
(a) under section 22 of the Police Act 1996, or
(b) made by the Commissioner of Police of the Metropolis,
must contain information about x-rays which have been taken and ultrasound scans which have been carried out under this section in the area to which the report relates during the period to which it relates.
(8) The information about such x-rays and ultrasound scans must be presented separately and must include—
(a) the total number of x-rays;
(b) the total number of ultrasound scans;
(c) the results of the x-rays;
(d) the results of the ultrasound scans.
(9) If the appropriate consent to an x-ray or ultrasound scan of any person is refused without good cause, in any proceedings against that person for an offence—
(a) the court, in determining whether there is a case to answer,
(b) a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal), and
(c) the court or jury, in determining whether that person is guilty of the offence charged,
may draw such inferences from the refusal as appear proper.
(10) In this section “the appropriate criminal intent”, “appropriate officer”, “Class A drug” and “suitably qualified person” have the same meanings as in section 55 above.
(1) Where a person has been arrested and is being held in custody in a police station or other premises, he shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told, as soon as is practicable except to the extent that delay is permitted by this section, that he has been arrested and is being detained there.
(2) Delay is only permitted—
(a) in the case of a person who is in police detention for an indictable offence; and
(b) if an officer of at least the rank of inspector authorises it.
(3) In any case the person in custody must be permitted to exercise the right conferred by subsection (1) above within 36 hours from the relevant time, as defined in section 41(2) above.
(4) An officer may give an authorisation under subsection (2) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(5) Subject to sub-section (5A) below An officer may only authorise delay where he has reasonable grounds for believing that telling the named person of the arrest—
(a) will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons; or
(b) will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
(c) will hinder the recovery of any property obtained as a result of such an offence.
(5A) An officer may also authorise delay where he has reasonable grounds for believing that—
(a) the person detained for the indictable offence has benefited from his criminal conduct, and
(b) the recovery of the value of the property constituting the benefit will be hindered by telling the named person of the arrest.
(5B) For the purposes of subsection (5A) above the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.
(6) If a delay is authorised—
(a) the detained person shall be told the reason for it; and
(b) the reason shall be noted on his custody record.
(7) The duties imposed by subsection (6) above shall be performed as soon as is practicable.
(8) The rights conferred by this section on a person detained at a police station or other premises are exercisable whenever he is transferred from one place to another; and this section applies to each subsequent occasion on which they are exercisable as it applies to the first such occasion.
(9) There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.
(10) Nothing in this section applies to a person arrested or detained under the terrorism provisions or under section 27 of the National Security Act 2023, or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
57 Additional rights of children and young persons.
The following subsections shall be substituted for section 34(2) of the Children and Young Persons Act 1933—
(2) Where a child or young person is in police detention, such steps as are practicable shall be taken to ascertain the identity of a person responsible for his welfare.
(3) If it is practicable to ascertain the identity of a person responsible for the welfare of the child or young person, that person shall be informed, unless it is not practicable to do so—
(a) that the child or young person has been arrested;
(b) why he has been arrested; and
(c) where he is being detained.
(4) Where information falls to be given under subsection (3) above, it shall be given as soon as it is practicable to do so.
(5) For the purposes of this section the persons who may be responsible for the welfare of a child or young person are—
(a) his parent or guardian; or
(b) any other person who has for the time being assumed responsibility for his welfare.
(6) If it is practicable to give a person responsible for the welfare of the child or young person the information required by subsection (3) above, that person shall be given it as soon as it is practicable to do so.
(7) If it appears that at the time of his arrest a supervision order, as defined in section 11 of the Children and Young Persons Act 1969, is in force in respect of him, the person responsible for his supervision shall also be informed as described in subsection (3) above as soon it is reasonably practicable to do so.
(8) The reference to a parent or guardian in subsection (5) above is—
(a) in the case of a child or young person in the care of a local authority, a reference to that authority; and
(b) in the case of a child or young person in the care of a voluntary organisation in which parental rights and duties with respect to him are vested by virtue of a resolution under section 64(1) of the Child Care Act 1980, a reference to that organisation.
(9) The rights conferred on a child or young person by subsections (2) to (8) above are in addition to his rights under section 56 of the Police and Criminal Evidence Act 1984.
(10) The reference in subsection (2) above to a child or young person who is in police detention includes a reference to a child or young person who has been detained under the terrorism provisions; and in subsection (3) above “arrest” includes such detention.
(11) In subsection (10) above “the terrorism provisions” has the meaning assigned to it by section 65 of the Police and Criminal Evidence Act 1984
.
(1) A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.
(2) Subject to subsection (3) below, a request under subsection (1) above and the time at which it was made shall be recorded in the custody record.
(3) Such a request need not be recorded in the custody record of a person who makes it at a time while he is at a court after being charged with an offence.
(4) If a person makes such a request, he must be permitted to consult a solicitor as soon as is practicable except to the extent that delay is permitted by this section.
(5) In any case he must be permitted to consult a solicitor within 36 hours from the relevant time, as defined in section 41(2) above.
(6) Delay in compliance with a request is only permitted—
(a) in the case of a person who is in police detention for an indictable offence; and
(b) if an officer of at least the rank of superintendent authorises it.
(7) An officer may give an authorisation under subsection (6) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(8) Subject to sub-section (8A) below An officer may only authorise delay where he has reasonable grounds for believing that the exercise of the right conferred by subsection (1) above at the time when the person detained desires to exercise it—
(a) will lead to interference with or harm to evidence connected with an indictable offence or interference with or physical injury to other persons; or
(b) will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
(c) will hinder the recovery of any property obtained as a result of such an offence.
(8A) An officer may also authorise delay where he has reasonable grounds for believing that—
(a) the person detained for the indictable offence has benefited from his criminal conduct, and
(b) the recovery of the value of the property constituting the benefit will be hindered by the exercise of the right conferred by subsection (1) above.
(8B) For the purposes of subsection (8A) above the question whether a person has benefited from his criminal conduct is to be decided in accordance with Part 2 of the Proceeds of Crime Act 2002.
(9) If delay is authorised—
(a) the detained person shall be told the reasons for it; and
(b) the reason shall be noted on his custody record.
(10) The duties imposed by subsection (9) above shall be performed as soon as is practicable.
(11) There may be no further delay in permitting the exercise of the right conferred by subsection (1) above once the reason for authorising delay ceases to subsist.
(12) Nothing in this section applies to a person arrested or detained under the terrorism provisions or under section 27 of the National Security Act 2023, or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
(1) It shall be the duty of the Secretary of State—
(a) to issue a code of practice in connection with theaudio recording of interviews of persons suspected of the commission of criminal offences which are held by police officers at police stations; and
(b) to make an order requiring the audio recording of interviews of persons suspected of the commission of criminal offences, or of such descriptions of criminal offences as may be specified in the order, which are so held, in accordance with the code as it has effect for the time being.
(2) An order under subsection (1) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Secretary of State shall have power—
(a) to issue a code of practice for the visual recording of interviews held by police officers at police stations; and
(b) to make an order requiring the visual recording of interviews so held, and requiring the visual recording to be in accordance with the code for the time being in force under this section.
(2) A requirement imposed by an order under this section may be imposed in relation to such cases or police stations in such areas, or both, as may be specified or described in the order.
(3) An order under subsection (1) above shall be made by statutory instrument and shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) In this section—
(a) references to any interview are references to an interview of a person suspected of a criminal offence; and
(b) references to a visual recording include references to a visual recording in which an audio recording is comprised.
60B Notification of decision not to prosecute person interviewed
(1) This section applies where—
(a) a person suspected of the commission of a criminal offence is interviewed by a police officer but is not arrested for the offence, and
(b) the police officer in charge of investigating the offence determines that—
(i) there is not sufficient evidence to charge the person with an offence, or
(ii) there is sufficient evidence to charge the person with an offence but the person should not be charged with an offence or given a caution in respect of an offence.
(2) A police officer must give the person notice in writing that the person is not to be prosecuted.
(3) Subsection (2) does not prevent the prosecution of the person for an offence if new evidence comes to light after the notice was given.
(4) In this section “caution” includes—
(a) a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;
(b) a youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;
(c) a youth caution under section 66ZA of that Act.
(1) Except as provided by this section no person’s fingerprints may be taken without the appropriate consent.
(2) Consent to the taking of a person’s fingerprints must be in writing if it is given at a time when he is at a police station.
(3) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
(a) he is detained in consequence of his arrest for a recordable offence; and
(b) he has not had his fingerprints taken in the course of the investigation of the offence by the police.
(3A) Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if—
(a) the fingerprints taken on the previous occasion do not constitute a complete set of his fingerprints; or
(b) some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).
(4) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
(a) he has been charged with a recordable offence or informed that he will be reported for such an offence; and
(b) he has not had his fingerprints taken in the course of the investigation of the offence by the police.
(4A) The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if—
(a) the court, or
(b) an officer of at least the rank of inspector,
authorises them to be taken.
(4B) A court or officer may only give an authorisation under subsection (4A) if—
(a) the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that he is not the same person; or
(b) the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion.
(5) An officer may give an authorisation under subsection (4A) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(5A) The fingerprints of a person may be taken without the appropriate consent if (before or after the coming into force of this subsection) he has been arrested for a recordable offence and released and—
(a) ... he has not had his fingerprints taken in the course of the investigation of the offence by the police; or
(b) ... he has had his fingerprints taken in the course of that investigation but
(i) subsection (3A)(a) or (b) above applies, or
(ii) subsection (5C) below applies.
(5B) The fingerprints of a person not detained at a police station may be taken without the appropriate consent if (before or after the coming into force of this subsection) he has been charged with a recordable offence or informed that he will be reported for such an offence and—
(a) he has not had his fingerprints taken in the course of the investigation of the offence by the police; or
(b) he has had his fingerprints taken in the course of that investigation but
(i) subsection (3A)(a) or (b) above applies, or
(ii) subsection (5C) below applies.
(5C) This subsection applies where—
(a) the investigation was discontinued but subsequently resumed, and
(b) before the resumption of the investigation the fingerprints were destroyed pursuant to section 63D(3) below.
(6) Subject to this section, the fingerprints of a person may be taken without the appropriate consent if (before or after the coming into force of this subsection)—
(a) he has been convicted of a recordable offence, or
(b) he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
either of the conditions mentioned in subsection (6ZA) below is met.
(6ZA) The conditions referred to in subsection (6) above are—
(a) the person has not had his fingerprints taken since he was convicted, or cautioned;
(b) he has had his fingerprints taken since then but subsection (3A)(a) or (b) above applies.
(6ZB) Fingerprints may only be taken as specified in subsection (6) above with the authorisation of an officer of at least the rank of inspector.
(6ZC) An officer may only give an authorisation under subsection (6ZB) above if the officer is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime.
(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.
(6D) Subject to this section, the fingerprints of a person may be taken without the appropriate consent if—
(a) under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not he has been punished for it);
(b) the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted); and
(c) either of the conditions mentioned in subsection (6E) below is met.
(6E) The conditions referred to in subsection (6D)(c) above are—
(a) the person has not had his fingerprints taken on a previous occasion under subsection (6D) above;
(b) he has had his fingerprints taken on a previous occasion under that subsection but subsection (3A)(a) or (b) above applies.
(6F) Fingerprints may only be taken as specified in subsection (6D) above with the authorisation of an officer of at least the rank of inspector.
(6G) An officer may only give an authorisation under subsection (6F) above if the officer is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime.
(7) Where a person's fingerprints are taken without the appropriate consent by virtue of any power conferred by this section—
(a) before the fingerprints are taken, the person shall be informed of—
(i) the reason for taking the fingerprints;
(ii) the power by virtue of which they are taken; and
(iii) in a case where the authorisation of the court or an officer is required for the exercise of the power, the fact that the authorisation has been given; and
(b) those matters shall be recorded as soon as practicable after the fingerprints are taken.
(7A) If a person’s fingerprints are taken at a police station, or by virtue of subsection (4A), (6A) at a place other than a police station, whether with or without the appropriate consent—
(a) before the fingerprints are taken, an officer (or, where by virtue of subsection (4A), (6A) or (6BA) the fingerprints are taken at a place other than a police station, the constable taking the fingerprints) shall inform him that they may be the subject of a speculative search; and
(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the fingerprints have been taken.
(8) If he is detained at a police station when the fingerprints are taken, the matters referred to in subsection (7)(a)(i) to (iii) above and, in the case falling within subsection (7A) above, the fact referred to in paragraph (b) of that subsection shall be recorded on his custody record.
(8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8B) Any power under this section to take the fingerprints of a person without the appropriate consent, if not otherwise specified to be exercisable by a constable, shall be exercisable by a constable.
(9) Nothing in this section—
(a) affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971; or
(b) applies to a person arrested or detained under the terrorism provisions or under section 27 of the National Security Act 2023, or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
(10) Nothing in this section applies to a person arrested under an extradition arrest power.
(1) Except as provided by this section, no impression of a person's footwear may be taken without the appropriate consent.
(2) Consent to the taking of an impression of a person's footwear must be in writing if it is given at a time when he is at a police station.
(3) Where a person is detained at a police station, an impression of his footwear may be taken without the appropriate consent if—
(a) he is detained in consequence of his arrest for a recordable offence, or has been charged with a recordable offence, or informed that he will be reported for a recordable offence; and
(b) he has not had an impression taken of his footwear in the course of the investigation of the offence by the police.
(4) Where a person mentioned in paragraph (a) of subsection (3) above has already had an impression taken of his footwear in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if the impression of his footwear taken previously is—
(a) incomplete; or
(b) is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).
(5) If an impression of a person's footwear is taken at a police station, whether with or without the appropriate consent—
(a) before it is taken, an officer shall inform him that it may be the subject of a speculative search; and
(b) the fact that the person has been informed of this possibility shall be recorded as soon as is practicable after the impression has been taken, and if he is detained at a police station, the record shall be made on his custody record.
(6) In a case where, by virtue of subsection (3) above, an impression of a person's footwear is taken without the appropriate consent—
(a) he shall be told the reason before it is taken; and
(b) the reason shall be recorded on his custody record as soon as is practicable after the impression is taken.
(7) The power to take an impression of the footwear of a person detained at a police station without the appropriate consent shall be exercisable by any constable.
(8) Nothing in this section applies to any person—
(a) arrested or detained under the terrorism provisions or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019;
(b) arrested under an extradition arrest power.
(1) Subject to section 63B below An intimate sample may be taken from a person in police detention only—
(a) if a police officer of at least the rank of inspector authorises it to be taken; and
(b) if the appropriate consent is given.
(1A) An intimate sample may be taken from a person who is not in police detention but from whom, in the course of the investigation of an offence, two or more non-intimate samples suitable for the same means of analysis have been taken which have proved insufficient—
(a) if a police officer of at least the rank of inspector authorises it to be taken; and
(b) if the appropriate consent is given.
(2) An officer may only give an authorisation under subsection (1) or (1A) above if he has reasonable grounds—
(a) for suspecting the involvement of the person from whom the sample is to be taken in a recordable offence; and
(b) for believing that the sample will tend to confirm or disprove his involvement.
(2A) An intimate sample may be taken from a person where—
(a) two or more non-intimate samples suitable for the same means of analysis have been taken from the person under section 63(3E) below (persons convicted of offences outside England and Wales etc ) but have proved insufficient;
(b) a police officer of at least the rank of inspector authorises it to be taken; and
(c) the appropriate consent is given.
(2B) An officer may only give an authorisation under subsection (2A) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.
(3) An officer may give an authorisation under subsection (1) or (1A) or (2A) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(4) The appropriate consent must be given in writing.
(5) Before an intimate sample is taken from a person, an officer shall inform him of the following—
(a) the reason for taking the sample;
(b) the fact that authorisation has been given and the provision of this section under which it has been given; and
(c) if the sample was taken at a police station, the fact that the sample may be the subject of a speculative search.
(6) The reason referred to in subsection (5)(a) above must include, except in a case where the sample is taken under subsection (2A) above, a statement of the nature of the offence in which it is suspected that the person has been involved.
(7) After an intimate sample has been taken from a person, the following shall be recorded as soon as practicable—
(a) the matters referred to in subsection (5)(a) and (b) above;
(b) if the sample was taken at a police station, the fact that the person has been informed as specified in subsection (5)(c) above; and
(c) the fact that the appropriate consent was given.
(8) If an intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (7) ... above shall be recorded in his custody record.
(9) In the case of an intimate sample which is a dental impression, the sample may be taken from a person only by a registered dentist.
(9A) In the case of any other form of intimate sample, except in the case of a sample of urine, the sample may be taken from a person only by—
(a) a registered medical practitioner; or
(b) a registered health care professional.
(10) Where the appropriate consent to the taking of an intimate sample from person was refused without good cause, in any proceedings against that person for an offence—
(a) the court, in determining—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) whether there is a case to answer; and
(aa) a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and
(b) the court or jury, in determining whether that person is guilty of the offence charged,
may draw such inferences from the refusal as appear proper ... .
(11) Nothing in this section applies to the taking of a specimen for the purposes of any of the provisions of sections 4 to 11 of the Road Traffic Act 1988 or of sections 26 to 38 of the Transport and Works Act 1992 .
(12) Nothing in this section applies to a person arrested or detained under the terrorism provisions; and subsection (1A) shall not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 8 to the Terrorism Act 2000.
(13) Nothing in this section applies to a person detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under Part 2 of that Schedule.
(14) Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 6 to that Act.
(1) Except as provided by this section, a non-intimate sample may not be taken from a person without the appropriate consent.
(2) Consent to the taking of a non-intimate sample must be given in writing.
(2A) A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.
(2B) The first is that the person is in police detention in consequence of his arrest for a recordable offence.
(2C) The second is that—
(a) he has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or
(b) he has had such a sample taken but it proved insufficient.
(3) A non-intimate sample may be taken from a person without the appropriate consent if—
(a) he . . . is being held in custody by the police on the authority of a court; and
(b) an officer of at least the rank of inspector authorises it to be taken without the appropriate consent.
(3ZA) A non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this subsection) he has been arrested for a recordable offence and released and—
(a) ... he has not had a non-intimate sample of the same type and from the same part of the body taken from him in the course of the investigation of the offence by the police; or
(b) ... he has had a non-intimate sample taken from him in the course of that investigation but—
(i) it was not suitable for the same means of analysis, or
(ii) it proved insufficient., or
(iii) subsection (3AA) below applies.
(3A) A non-intimate sample may be taken from a person (whether or not he is in police detention or held in custody by the police on the authority of a court) without the appropriate consent if he has been charged with a recordable offence or informed that he will be reported for such an offence and—
(a) he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police; or
(b) he has had a non-intimate sample taken from him in the course of that investigation but—
(i) it was not suitable for the same means of analysis, or
(ii) it proved insufficient, or
(iii) subsection (3AA) below applies; or
(c) he has had a non-intimate sample taken from him in the course of that investigation and—
(i) the sample has been destroyed pursuant to section 63R below or any other enactment, and
(ii) it is disputed, in relation to any proceedings relating to the offence, whether a DNA profile relevant to the proceedings is derived from the sample.
(3AA) This subsection applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation—
(a) any DNA profile derived from the sample was destroyed pursuant to section 63D(3) below, and
(b) the sample itself was destroyed pursuant to section 63R(4), (5) or (12) below.
(3B) Subject to this section, a non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this subsection)—
(a) he has been convicted of a recordable offence, or
(b) he has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
either of the conditions mentioned in subsection (3BA) below is met.
(3BA) The conditions referred to in subsection (3B) above are—
(a) a non-intimate sample has not been taken from the person since he was convicted or cautioned;
(b) such a sample has been taken from him since then but—
(i) it was not suitable for the same means of analysis, or
(ii) it proved insufficient.
(3BB) A non-intimate sample may only be taken as specified in subsection (3B) above with the authorisation of an officer of at least the rank of inspector.
(3BC) An officer may only give an authorisation under subsection (3BB) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.
(3C) A non-intimate sample may also be taken from a person without the appropriate consent if he is a person to whom section 2 of the Criminal Evidence (Amendment) Act 1997 applies (persons detained following acquittal on grounds of insanity or finding of unfitness to plead).
(3E) Subject to this section, a non-intimate sample may be taken without the appropriate consent from a person if—
(a) under the law in force in a country or territory outside England and Wales the person has been convicted of an offence under that law (whether before or after the coming into force of this subsection and whether or not he has been punished for it);
(b) the act constituting the offence would constitute a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted); and
(c) either of the conditions mentioned in subsection (3F) below is met.
(3F) The conditions referred to in subsection (3E)(c) above are—
(a) the person has not had a non-intimate sample taken from him on a previous occasion under subsection (3E) above;
(b) he has had such a sample taken from him on a previous occasion under that subsection but—
(i) the sample was not suitable for the same means of analysis, or
(ii) it proved insufficient.
(3G) A non-intimate sample may only be taken as specified in subsection (3E) above with the authorisation of an officer of at least the rank of inspector.
(3H) An officer may only give an authorisation under subsection (3G) above if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.
(4) An officer may only give an authorisation under subsection (3) above if he has reasonable grounds—
(a) for suspecting the involvement of the person from whom the sample is to be taken in a recordable offence; and
(b) for believing that the sample will tend to confirm or disprove his involvement.
(5) An officer may give an authorisation under subsection (3) above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(5A) An officer shall not give an authorisation under subsection (3) above for the taking from any person of a non-intimate sample consisting of a skin impression if—
(a) a skin impression of the same part of the body has already been taken from that person in the course of the investigation of the offence; and
(b) the impression previously taken is not one that has proved insufficient.
(6) Where a non-intimate sample is taken from a person without the appropriate consent by virtue of any power conferred by this section—
(a) before the sample is taken, an officer shall inform him of—
(i) the reason for taking the sample;
(ii) the power by virtue of which it is taken; and
(iii) in a case where the authorisation of an officer is required for the exercise of the power, the fact that the authorisation has been given; and
(b) those matters shall be recorded as soon as practicable after the sample is taken.
(7) The reason referred to in subsection (6)(a)(i) above must include, except in a case where the non-intimate sample is taken under subsection (3B) or (3E) above, a statement of the nature of the offence in which it is suspected that the person has been involved.
(8B) If a non-intimate sample is taken from a person at a police station, whether with or without the appropriate consent—
(a) before the sample is taken, an officer shall inform him that it may be the subject of a speculative search; and
(b) the fact that the person has been informed of this possibility shall be recorded as soon as practicable after the sample has been taken.
(9) If a non-intimate sample is taken from a person detained at a police station, the matters required to be recorded by subsection (6) or (8B) above shall be recorded in his custody record.
(9ZA) The power to take a non-intimate sample from a person without the appropriate consent shall be exercisable by any constable.
(9A) Subsection (3B) above shall not apply to
(a) any person convicted before 10th April 1995 unless he is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies (persons imprisoned or detained by virtue of pre-existing conviction for sexual offence etc.). ; or
(b) a person given a caution before 10th April 1995.
(10) Nothing in this section applies to a person arrested or detained under the terrorism provisions or detained under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
(10A) Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023.
(11) Nothing in this section applies to a person arrested under an extradition arrest power.
63A Fingerprints and samples: supplementary provisions.
(1) Where a person has been arrested on suspicion of being involved in a recordable offence or has been charged with such an offence or has been informed that he will be reported for such an offence, fingerprints , impressions of footwear or samples or the information derived from samples taken under any power conferred by this Part of this Act from the person may be checked against—
(a) other fingerprints , impressions of footwear or samples 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) information derived from other samples if the information is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a) above.
(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.
(1A) In subsection (1) and (1ZA) above “ relevant law-enforcement authority ” means—
(a) a police force;
(b) the National Crime Agency ;
(ba) the tri-service serious crime unit;
(d) a public authority (not falling within paragraphs (a) to (ba)) with functions in any part of the British Islands which consist of or include the investigation of crimes or the charging of offenders;
(e) any person with functions in any country or territory outside the United Kingdom which—
(i) correspond to those of a police force; or
(ii) otherwise consist of or include the investigation of conduct contrary to the law of that country or territory, or the apprehension of persons guilty of such conduct;
(f) any person with functions under any international agreement which consist of or include the investigation of conduct which is—
(i) unlawful under the law of one or more places,
(ii) prohibited by such an agreement, or
(iii) contrary to international law,
or the apprehension of persons guilty of such conduct.
(1B) The reference in subsection (1A) above to a police force is a reference to any of the following—
(a) any police force maintained under section 2 of the Police Act 1996 (c. 16) (police forces in England and Wales outside London);
(b) the metropolitan police force;
(c) the City of London police force;
(d) the Police Service of Scotland;
(e) the Police Service of Northern Ireland;
(f) the Police Service of Northern Ireland Reserve;
(g) the Ministry of Defence Police;
(h) the Royal Navy Police;
(i) the Royal Military Police;
(j) the Royal Air Force Police;
(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(l) the British Transport Police;
(m) the States of Jersey Police Force;
(n) the salaried police force of the Island of Guernsey;
(o) the Isle of Man Constabulary.
(1BA) In subsection (1A) “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.
(1C) Where—
(a) fingerprints , impressions of footwear or samples have been taken from any person in connection with the investigation of an offence but otherwise than in circumstances to which subsection (1) above applies, and
(b) that person has given his consent in writing to the use in a speculative search of the fingerprints , of the impressions of footwear or of the samples and of information derived from them,
the fingerprints or impressions of footwear or, as the case may be, those samples and that information may be checked against any of the fingerprints , impressions of footwear, samples or information mentioned in paragraph (a) or (b) of that subsection.
(1D) A consent given for the purposes of subsection (1C) above shall not be capable of being withdrawn.
(1E) Where fingerprints or samples have been taken from any person under section 61(6) or 63(3B) above (persons convicted etc ), the fingerprints or samples, or information derived from the samples, may be checked against any of the fingerprints, samples or information mentioned in subsection (1)(a) or (b) above.
(1F) Where fingerprints or samples have been taken from any person under section 61(6D), 62(2A) or 63(3E) above (offences outside England and Wales etc ), the fingerprints or samples, or information derived from the samples, may be checked against any of the fingerprints, samples or information mentioned in subsection (1)(a) or (b) above.
(2) Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.
(3) Where any power to take a sample is exercisable in relation to a person the sample may be taken in a prison or other institution to which the Prison Act 1952 applies.
(3A) Where—
(a) the power to take a non-intimate sample under section 63(3B) above is exercisable in relation to any person who is detained under Part III of the Mental Health Act 1983 in pursuance of—
(i) a hospital order or interim hospital order made following his conviction for the recordable offence in question, or
(ii) a transfer direction given at a time when he was detained in pursuance of any sentence or order imposed following that conviction, or
(b) the power to take a non-intimate sample under section 63(3C) above is exercisable in relation to any person,
the sample may be taken in the hospital in which he is detained under that Part of that Act.
Expressions used in this subsection and in the Mental Health Act 1983 have the same meaning as in that Act.
(3B) Where the power to take a non-intimate sample under section 63(3B) above is exercisable in relation to a person detained in pursuance of directions of the Secretary of State under section 92 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 260 of the Sentencing Code, the sample may be taken at the place where he is so detained.
(4) Schedule 2A (fingerprinting and samples: power to require attendance at police station) shall have effect.
63AA Inclusion of DNA profiles on National DNA Database
(1) This section applies to a DNA profile which is derived from a DNA sample and which is retained under any power conferred by any of sections 63E to 63L (including those sections as applied by section 63P).
(2) A DNA profile to which this section applies must be recorded on the National DNA Database.
(1) The Secretary of State must make arrangements for a National DNA Database Strategy Board to oversee the operation of the National DNA Database.
(2) The National DNA Database Strategy Board must issue guidance about the destruction of DNA profiles which are, or may be, retained under this Part of this Act.
(3) A chief officer of a police force in England and Wales must act in accordance with guidance issued under subsection (2).
(4) The National DNA Database Strategy Board may issue guidance about the circumstances in which applications may be made to the Commissioner for the Retention and Use of Biometric Material under section 63G.
(5) Before issuing any such guidance, the National DNA Database Strategy Board must consult the Commissioner for the Retention and Use of Biometric Material.
(6) The Secretary of State must publish the governance rules of the National DNA Database Strategy Board and lay a copy of the rules before Parliament.
(7) The National DNA Database Strategy Board must make an annual report to the Secretary of State about the exercise of its functions.
(8) The Secretary of State must publish the report and lay a copy of the published report before Parliament.
(9) The Secretary of State may exclude from publication any part of the report if, in the opinion of the Secretary of State, the publication of that part would be contrary to the public interest or prejudicial to national security.
63B Testing for presence of Class A controlled drugs.
(1) A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether he has any specified Class A controlled drug in his body if
(a) either the arrest condition or the charge condition is met;
(b) both the age condition and the request condition are met; and
(c) the notification condition is met in relation to the arrest condition, the charge condition or the age condition (as the case may be).
(1A) The arrest condition is that the person concerned has been arrested for an offence but has not been charged with that offence and either—
(a) the offence is a trigger offence; or
(b) a police officer of at least the rank of inspector has reasonable grounds for suspecting that the misuse by that person of a specified Class A controlled drug caused or contributed to the offence and has authorised the sample to be taken.
(2) The charge condition is either—
(a) that the person concerned has been charged with a trigger offence; or
(b) that the person concerned has been charged with an offence and a police officer of at least the rank of inspector, who has reasonable grounds for suspecting that the misuse by that person of any specified Class A controlled drug caused or contributed to the offence, has authorised the sample to be taken.
(3) The age condition is—
(a) if the arrest condition is met, that the person concerned has attained the age of 18;
(b) if the charge condition is met, that he has attained the age of 14.
(4) The request condition is that a police officer has requested the person concerned to give the sample.
(4A) The notification condition is that—
(a) the relevant chief officer has been notified by the Secretary of State that appropriate arrangements have been made for the police area as a whole, or for the particular police station, in which the person is in police detention, and
(b) the notice has not been withdrawn.
(4B) For the purposes of subsection (4A) above, appropriate arrangements are arrangements for the taking of samples under this section from whichever of the following is specified in the notification—
(a) persons in respect of whom the arrest condition is met;
(b) persons in respect of whom the charge condition is met;
(c) persons who have not attained the age of 18.
(5) Before requesting the person concerned to give a sample, an officer must—
(a) warn him that if, when so requested, he fails without good cause to do so he may be liable to prosecution, and
(b) in a case within subsection (1A)(b) or (2)(b) above, inform him of the giving of the authorisation and of the grounds in question.
(5A) In the case of a person who has not attained the age of 18—
(a) the making of the request under subsection (4) above;
(b) the giving of the warning and (where applicable) the information under subsection (5) above; and
(c) the taking of the sample,
may not take place except in the presence of an appropriate adult.
(5B) If a sample is taken under this section from a person in respect of whom the arrest condition is met no other sample may be taken from him under this section during the same continuous period of detention but—
(a) if the charge condition is also met in respect of him at any time during that period, the sample must be treated as a sample taken by virtue of the fact that the charge condition is met;
(b) the fact that the sample is to be so treated must be recorded in the person's custody record.
(5C) Despite subsection (1)(a) above, a sample may be taken from a person under this section if—
(a) he was arrested for an offence (the first offence),
(b) the arrest condition is met but the charge condition is not met,
(c) before a sample is taken by virtue of subsection (1) above he would (but for his arrest as mentioned in paragraph (d) below) be required to be released from police detention,
(d) he continues to be in police detention by virtue of his having been arrested for an offence not falling within subsection (1A) above, and
(e) the sample is taken before the end of the period of 24 hours starting with the time when his detention by virtue of his arrest for the first offence began.
(5D) A sample must not be taken from a person under this section if he is detained in a police station unless he has been brought before the custody officer.
(6) A sample may be taken under this section only by a person prescribed by regulations made by the Secretary of State by statutory instrument.
No regulations shall be made under this subsection unless a draft has been laid before, and approved by resolution of, each House of Parliament.
(6A) The Secretary of State may by order made by statutory instrument amend—
(a) paragraph (a) of subsection (3) above, by substituting for the age for the time being specified a different age specified in the order, or different ages so specified for different police areas so specified;
(b) paragraph (b) of that subsection, by substituting for the age for the time being specified a different age specified in the order.
(6B) A statutory instrument containing an order under subsection (6A) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(7) Information obtained from a sample taken under this section may be disclosed—
(a) for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the Bail Act 1976) to the person concerned;
(aa) for the purpose of informing any decision about the giving of a conditional caution under Part 3 of the Criminal Justice Act 2003 or a youth conditional caution under Chapter 1 of Part 4 of the Crime and Disorder Act 1998 to the person concerned;
(b) where the person concerned is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about his supervision;
(c) where the person concerned is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about his supervision or release;
(ca) for the purpose of an assessment which the person concerned is required to attend by virtue of section 9(2) or 10(2) of the Drugs Act 2005;
(cb) for the purpose of proceedings against the person concerned for an offence under section 12(3) or 14(3) of that Act;
(d) for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.
(8) A person who fails without good cause to give any sample which may be taken from him under this section shall be guilty of an offence.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) In this section—
“appropriate adult”, in relation to a person whohas not attained the age of 18, means—
his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation; or
a social worker of a local authority . . . ; or
if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer ora person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996;
“relevant chief officer” means—
in relation to a police area, the chief officer of police of the police force for that police area; or
in relation to a police station, the chief officer of police of the police force for the police area in which the police station is situated.
63C Testing for presence of Class A controlled drugs: supplementary.
(1) A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both.
(2) A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
(3) If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken.
(4) If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record.
(5) Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above.
(6) In section 63B above—
“Class A drug” and “misuse” have the same meanings as in the Misuse of Drugs Act 1971;
“specified” (in relation to a Class A drug) and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.
In section 63B—
(a) “misuse” has the same meaning as in the Misuse of Drugs Act 1971;
(b) “specified controlled drug” means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations made by the Secretary of State by statutory instrument;
(c) “trigger offence” means an offence specified in Schedule 2B.
(7) In Schedule 2B, “specified controlled drug” has the same meaning as in section 63B.
(8) The Secretary of State may by regulations made by statutory instrument amend Schedule 2B.
(9) Regulations under this section—
(a) may make different provision for different purposes or different areas, and
(b) may make transitional, transitory or saving provision.
(10) A statutory instrument containing regulations under subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(11) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies to—
(a) fingerprints—
(i) taken from a person under any power conferred by this Part of this Act, or
(ii) taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police, and
(b) a DNA profile derived from a DNA sample taken as mentioned in paragraph (a)(i) or (ii).
(2) Fingerprints and DNA profiles to which this section applies (“section 63D material”) must be destroyed if it appears to the responsible chief officer of police that—
(a) the taking of the fingerprint or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful, or
(b) the fingerprint was taken, or, in the case of a DNA profile, was derived from a sample taken, from a person in connection with that person's arrest and the arrest was unlawful or based on mistaken identity.
(3) In any other case, section 63D material must be destroyed unless it is retained under any power conferred by sections 63E to 63O (including those sections as applied by section 63P).
(4) Section 63D material which ceases to be retained under a power mentioned in subsection (3) may continue to be retained under any other such power which applies to it.
(5) Nothing in this section prevents a speculative search, in relation to section 63D material, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.
63E Retention of section 63D material pending investigation or proceedings
(1) This section applies to section 63D material taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence in which it is suspected that the person to whom the material relates has been involved.
(2) The material may be retained until the conclusion of the investigation of the offence or, where the investigation gives rise to proceedings against the person for the offence, until the conclusion of those proceedings.
63F Retention of section 63D material: persons arrested for or charged with a qualifying offence
(1) This section applies to section 63D material which—
(a) relates to a person who is arrested for, or charged with, a qualifying offence but is not convicted of that offence, and
(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
(2) If the person has previously been convicted of a recordable offence which is not an excluded offence, or is so convicted before the material is required to be destroyed by virtue of this section, the material may be retained indefinitely.
(2A) In subsection (2), references to a recordable offence include an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (and, in the application of subsection (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).
(3) Otherwise, material falling within subsection (4) , (5) or (5A) may be retained until the end of the retention period specified in subsection (6).
(4) Material falls within this subsection if it—
(a) relates to a person who is charged with a qualifying offence but is not convicted of that offence, and
(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
(5) Material falls within this subsection if—
(a) it relates to a person who is arrested for a qualifying offence , other than a terrorism-related qualifying offence or a national security-related qualifying offence, but is not charged with that offence,
(b) it was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence, and
(c) the Commissioner for the Retention and Use of Biometric Material has consented under section 63G to the retention of the material.
(5A) Material falls within this subsection if—
(a) it relates to a person who is arrested for a terrorism-related qualifying offence or a national security-related qualifying offence but is not charged with that offence, and
(b) it was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
(6) The retention period is—
(a) in the case of fingerprints, the period of 3 years beginning with the date on which the fingerprints were taken, and
(b) in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).
(7) The responsible chief officer of police or a specified chief officer of police may apply to a District Judge (Magistrates' Courts) for an order extending the retention period.
(8) An application for an order under subsection (7) must be made within the period of 3 months ending on the last day of the retention period.
(9) An order under subsection (7) may extend the retention period by a period which—
(a) begins with the end of the retention period, and
(b) ends with the end of the period of 2 years beginning with the end of the retention period.
(10) The following persons may appeal to the Crown Court against an order under subsection (7), or a refusal to make such an order—
(a) the responsible chief officer of police;
(b) a specified chief officer of police;
(c) the person from whom the material was taken.
(11) In this section—
“excluded offence”, in relation to a person, means a recordable offence—
which—
is not a qualifying offence,
is the only recordable offence of which the person has been convicted, and
was committed when the person was aged under 18, and
for which the person was not given a relevant custodial sentence of 5 years or more,
“national security-related qualifying offence” means—
an offence under section 18 of the National Security Act 2023 or for the time being listed in section 33(3)(a) of that Act, or
an ancillary offence, as defined in section 65A(5), relating to an offence for the time being listed in section 33(3)(a) of that Act,
“relevant custodial sentence” has the meaning given by section 63K(6),
“a specified chief officer of police” means—
the chief officer of the police force of the area in which the person from whom the material was taken resides, or
a chief officer of police who believes that the person is in, or is intending to come to, the chief officer's police area.
“terrorism-related qualifying offence” means—
an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (see section 65A(2)(r) below), or
an ancillary offence, as defined by section 65A(5) below, relating to an offence for the time being listed in section 41(1) of that Act.
(12) For the purposes of the definition of “excluded offence” in subsection (11)—
(a) references to a recordable offence or a qualifying offence include an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence or (as the case may be) a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted), and
(b) in the application of paragraph (b) of that definition in relation to an offence under the law of a country or territory outside England and Wales, the reference to a relevant custodial sentence of 5 years or more is to be read as a reference to a sentence of imprisonment or other form of detention of 5 years or more.
63G Retention of section 63D material by virtue of section 63F(5): consent of Commissioner
(1) The responsible chief officer of police may apply under subsection (2) or (3) to the Commissioner for the Retention and Use of Biometric Material for consent to the retention of section 63D material which falls within section 63F(5)(a) and (b).
(2) The responsible chief officer of police may make an application under this subsection if the responsible chief officer of police considers that the material was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence where any alleged victim of the offence was, at the time of the offence—
(a) under the age of 18,
(b) a vulnerable adult, or
(c) associated with the person to whom the material relates.
(3) The responsible chief officer of police may make an application under this subsection if the responsible chief officer of police considers that—
(a) the material is not material to which subsection (2) relates, but
(b) the retention of the material is necessary to assist in the prevention or detection of crime.
(4) The Commissioner may, on an application under this section, consent to the retention of material to which the application relates if the Commissioner considers that it is appropriate to retain the material.
(5) But where notice is given under subsection (6) in relation to the application, the Commissioner must, before deciding whether or not to give consent, consider any representations by the person to whom the material relates which are made within the period of 28 days beginning with the day on which the notice is given.
(6) The responsible chief officer of police must give to the person to whom the material relates notice of—
(a) an application under this section, and
(b) the right to make representations.
(7) A notice under subsection (6) may, in particular, be given to a person by—
(a) leaving it at the person's usual or last known address (whether residential or otherwise),
(b) sending it to the person by post at that address, or
(c) sending it to the person by email or other electronic means.
(8) The requirement in subsection (6) does not apply if the whereabouts of the person to whom the material relates is not known and cannot, after reasonable inquiry, be ascertained by the responsible chief officer of police.
(9) An application or notice under this section must be in writing.
(10) In this section—
“victim” includes intended victim,
“vulnerable adult” means a person aged 18 or over whose ability to protect himself or herself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise,
and the reference in subsection (2)(c) to a person being associated with another person is to be read in accordance with section 62(3) to (7) of the Family Law Act 1996.
63H Retention of section 63D material: persons arrested for or charged with a minor offence
(1) This section applies to section 63D material which—
(a) relates to a person who—
(i) is arrested for or charged with a recordable offence other than a qualifying offence,
(ii) if arrested for or charged with more than one offence arising out of a single course of action, is not also arrested for or charged with a qualifying offence, and
(iii) is not convicted of the offence or offences in respect of which the person is arrested or charged, and
(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence or offences in respect of which the person is arrested or charged.
(2) If the person has previously been convicted of a recordable offence which is not an excluded offence, the material may be retained indefinitely.
(2A) In subsection (2), the reference to a recordable offence includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
(3) In this section “excluded offence” has the meaning given by section 63F(11) (read with section 63F(12)).
63I Retention of material: persons convicted of a recordable offence
(1) This section applies, subject to subsection (3), to—
(a) section 63D material which—
(i) relates to a person who is convicted of a recordable offence, and
(ii) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence, or
(b) material taken under section 61(6) or 63(3B) which relates to a person who is convicted of a recordable offence.
(2) The material may be retained indefinitely.
(3) This section does not apply to section 63D material to which section 63K applies.
63IA Retention of material: persons convicted of an offence outside England and Wales after taking of section 63D material
(1) This section applies where—
(a) section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence,
(b) at any time before the material is required to be destroyed by virtue of this Part of this Act, the person is convicted of an offence under the law of a country or territory outside England and Wales, and
(c) the act constituting the offence mentioned in paragraph (b) would constitute a recordable offence if done in England and Wales.
(2) The material may be retained indefinitely.
(3) This section does not apply where section 63KA applies.