4 Identification by fingerprints and footwear impressions

4.1 References to ‘fingerprints’ means any record, produced by any method, of the skin pattern and other physical characteristics or features of a person’s:

(i) fingers; or

(ii) palms.

4.2 A person’s fingerprints may be taken in connection with the investigation of an offence only with their consent or if paragraph 4.3 applies. If the person is at a police station, consent must be in writing.

4.3 PACE, section 61, provides powers to take fingerprints without consent from any person aged ten or over as follows:

(a) under section 61(3), from a person detained at a police station in consequence of being arrested for a recordable offence, see Note 4A, if they have not had their fingerprints taken in the course of the investigation of the offence unless those previously taken fingerprints are not a complete set or some or all of those fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(b) under section 61(4), from a person detained at a police station who has been charged with a recordable offence, see Note 4A, or informed they will be reported for such an offence if they have not had their fingerprints taken in the course of the investigation of the offence unless those previously taken fingerprints are not a complete set or some or all of those fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(c) under section 61(4A), from a person who has been bailed to appear at a court or police station if the person:

(i) has answered to bail for a person whose fingerprints were taken previously and there are reasonable grounds for believing they are not the same person; or

(ii) who has answered to bail claims to be a different person from a person whose fingerprints were previously taken;

and in either case, the court or an officer of inspector rank or above, authorises the fingerprints to be taken at the court or police station (an inspector’s authority may be given in writing or orally and confirmed in writing, as soon as practicable);

(ca) under section 61(5A) from a person who has been arrested for a recordable offence and released if the person:

(i) is on bail and has not had their fingerprints taken in the course of the investigation of the offence, or;

(ii) has had their fingerprints taken in the course of the investigation of the offence, but they do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(cb) under section 61(5B) from a person not detained at a police station who has been charged with a recordable offence or informed they will be reported for such an offence if:

(i) they have not had their fingerprints taken in the course of the investigation; or

(ii) their fingerprints have been taken in the course of the investigation of the offence but either:

they do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching; or

the investigation was discontinued but subsequently resumed and, before the resumption, their fingerprints were destroyed pursuant to section 63D(3).

(d) under section 61(6), from a person who has been:

(i) convicted of a recordable offence; or

(ii) given a caution in respect of a recordable offence (see Note 4A) which, at the time of the caution, the person admitted;

if, since being convicted or cautioned:

their fingerprints have not been taken; or

their fingerprints which have been taken do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching;

and in either case, an officer of inspector rank or above is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime and authorises the taking;

(e) under section 61(6A) from a person a constable reasonably suspects is committing or attempting to commit, or has committed or attempted to commit, any offence if either:

(i) the person’s name is unknown to, and cannot be readily ascertained by, the constable; or

(ii) the constable has reasonable grounds for doubting whether a name given by the person as their name is their real name.

Note: fingerprints taken under this power are not regarded as having been taken in the course of the investigation of an offence.

[See Note 4C]

(f) under section 61(6D) from a person who has been convicted outside England and Wales of an offence which if committed in England and Wales would be a qualifying offence as defined by PACE, section 65A (see Note 4AB) if:

(i) the person’s fingerprints have not been taken previously under this power or their fingerprints have been so taken on a previous occasion but they do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching; and

(ii) a police officer of inspector rank or above is satisfied that taking fingerprints is necessary to assist in the prevention or detection of crime and authorises them to be taken.

4.4 PACE, section 63A(4) and Schedule 2A provide powers to:

(a) make a requirement (in accordance with Annex G) for a person to attend a police station to have their fingerprints taken in the exercise of one of the following powers (described in paragraph 4.3 above) within certain periods as follows:

(i) section 61(5A) – Persons arrested for a recordable offence and released, see paragraph 4.3(ca): In the case of a person whose fingerprints were taken in the course of the investigation but those fingerprints do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality, the requirement may not be made more than six months from the day the investigating officer was informed that the fingerprints previously taken were incomplete or below standard. In the case of a person whose fingerprints were destroyed prior to the resumption of the investigation, the requirement may not be made more than six months from the day on which the investigation resumed.

(ii) section 61(5B) – Persons not detained at a police station charged etc. with a recordable offence, see paragraph 4.3(cb): The requirement may not be made more than six months from:

the day the person was charged or informed that they would be reported, if fingerprints have not been taken in the course of the investigation of the offence; or

the day the investigating officer was informed that the fingerprints previously taken were incomplete or below standard, if fingerprints have been taken in the course of the investigation but those fingerprints do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality; or

the day on which the investigation was resumed, in the case of a person whose fingerprints were destroyed prior to the resumption of the investigation.

(iii) section 61(6) – Persons convicted or cautioned for a recordable offence in England and Wales, see paragraph 4.3(d): Where the offence for which the person was convicted or cautioned is a qualifying offence (see Note 4AB), there is no time limit for the exercise of this power. Where the conviction or caution is for a recordable offence which is not a qualifying offence, the requirement may not be made more than two years from:

in the case of a person who has not had their fingerprints taken since the conviction or caution, the day on which the person was convicted or cautioned, or, if later, the day on which Schedule 2A came into force (March 7, 2011), ; or

in the case of a person whose fingerprints have been taken in the course of the investigation but those fingerprints do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality, the day on which an officer from the force investigating the offence was informed that the fingerprints previously taken were incomplete or below standard, or, if later, the day on which Schedule 2A came into force (March 7, 2011).

(iv) section 61(6D) – A person who has been convicted of a qualifying offence (see Note 4AB) outside England and Wales, see paragraph 4.3(g): There is no time limit for making the requirement.

Note: A person who has had their fingerprints taken under any of the powers in section 61 mentioned in paragraph 4.3 on two occasions in relation to any offence may not be required under Schedule 2A to attend a police station for their fingerprints to be taken again under section 61 in relation to that offence, unless authorised by an officer of inspector rank or above. The fact of the authorisation and the reasons for giving it must be recorded as soon as practicable.

(b) arrest, without warrant, a person who fails to comply with the requirement.

4.5 A person’s fingerprints may be taken, as above, electronically.

4.6 Reasonable force may be used, if necessary, to take a person’s fingerprints without their consent under the powers as in paragraphs 4.3 and 4.4.

4.7 Before any fingerprints are taken:

(a) without consent under any power mentioned in paragraphs 4.3 and 4.4 above, the person must be informed of:

(i) the reason their fingerprints are to be taken;

(ii) the power under which they are to be taken; and

(iii) the fact that the relevant authority has been given if any power mentioned in paragraph 4.3(c), (d) or (f) applies

(b) with or without consent at a police station or elsewhere, the person must be informed:

(i) that their fingerprints may be subject of a speculative search against other fingerprints, see Note 4B; and

(ii) that their fingerprints may be retained in accordance with Annex F, Part (a) unless they were taken under the power mentioned in paragraph 4.3(e) when they must be destroyed after they have being checked (See Note 4C).

4.8 A A record must be made as soon as practicable after the fingerprints are taken, of:

the matters in paragraph 4.7(a)(i) to (iii) and the fact that the person has been informed of those matters; and

the fact that the person has been informed of the matters in paragraph 4.7(b)(i) and (ii).

The record must be made in the person’s custody record if they are detained at a police station when the fingerprints are taken.

4.8 If force is used, a record shall be made of the circumstances and those present.

4.9 Not used

4.10 Not used

4.11 Not used

4.12 Not used

4.13 Not used

4.14 Not used

4.15 Not used

4.16 Impressions of a person’s footwear may be taken in connection with the investigation of an offence only with their consent or if paragraph 4.17 applies. If the person is at a police station consent must be in writing.

4.17 PACE, section 61A, provides power for a police officer to take footwear impressions without consent from any person over the age of ten years who is detained at a police station:

(a) in consequence of being arrested for a recordable offence, see Note 4A; or if the detainee has been charged with a recordable offence, or informed they will be reported for such an offence; and

(b) the detainee has not had an impression of their footwear taken in the course of the investigation of the offence unless the previously taken impression is not complete or is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally).

4.18 Reasonable force may be used, if necessary, to take a footwear impression from a detainee without consent under the power in paragraph 4.17.

4.19 Before any footwear impression is taken with, or without, consent as above, the person must be informed:

(a) of the reason the impression is to be taken;

(b) that the impression may be retained and may be subject of a speculative search against other impressions, see Note 4B, unless destruction of the impression is required in accordance with Annex F, Part B.

4.20 A record must be made, as soon as possible, of the reason for taking a person’s footwear impressions without consent. If force is used, a record shall be made of the circumstances and those present.

4.21 A record shall be made when a person has been informed under the terms of paragraph 4.19(b), of the possibility that their footwear impressions may be subject of a speculative search.

4A References to ‘recordable offences’ in this Code relate to those offences for which convictions or cautions may be recorded in national police records. See PACE, section 27(4). The recordable offences current at the time when this Code was prepared, are any offences which carry a sentence of imprisonment on conviction (irrespective of the period, or the age of the offender or actual sentence passed) as well as the non-imprisonable offences under the Vagrancy Act 1824 sections 3 and 4 (begging and persistent begging), the Street Offences Act 1959, section 1 (loitering or soliciting for purposes of prostitution), the Road Traffic Act 1988, section 25 (tampering with motor vehicles), the Criminal Justice and Public Order Act 1994, section 167 (touting for hire car services) and others listed in the National Police Records (Recordable Offences) Regulations 2000 as amended.

4AB A qualifying offence is one of the offences specified in PACE, section 65A. These include offences which involve the use or threat of violence or unlawful force against persons, sexual offences, offences against children and other offences, for example:

murder, false imprisonment, kidnapping contrary to Common law

manslaughter, conspiracy to murder, threats to kill, wounding with intent to cause grievous bodily harm (GBH), causing GBH and assault occasioning actual bodily harm contrary to the Offences Against the Person Act 1861;

criminal possession or use of firearms contrary to sections 16 to 18 of the Firearms Act 1968;

robbery, burglary and aggravated burglary contrary to sections 8, 9 or 10 of the Theft Act 1968 or an offence under section 12A of that Act involving an accident which caused a person’s death;

criminal damage required to be charged as arson contrary to section 1 of the Criminal Damage Act 1971;

taking, possessing and showing indecent photographs of children contrary to section 1 of the Protection of Children Act 1978;

rape, sexual assault, child sex offences, exposure and other offences contrary to the Sexual Offences Act 2003.

4B Fingerprints, footwear impressions or a DNA sample (and the information derived from it) taken from a person arrested on suspicion of being involved in a recordable offence, or charged with such an offence, or informed they will be reported for such an offence, may be subject of a speculative search. This means the fingerprints, footwear impressions or DNA sample may be checked against other fingerprints, footwear impressions and DNA records held by, or on behalf of, the police and other law enforcement authorities in, or outside, the UK, or held in connection with, or as a result of, an investigation of an offence inside or outside the UK.

4C The power under section 61(6A) of PACE described in paragraph 4.3(e) allows fingerprints of a suspect who has not been arrested, and whose name is not known or cannot be ascertained, or who gave a doubtful name, to be taken in connection with any offence (whether recordable or not) using a mobile device and then checked on the street against the database containing the national fingerprint collection. Fingerprints taken under this power cannot be retained after they have been checked. The results may make an arrest for the suspected offence based on the name condition unnecessary (See Code G paragraph 2.9(a)) and enable the offence to be disposed of without arrest, for example, by summons/charging by post, penalty notice or words of advice. If arrest for a non-recordable offence is necessary for any other reasons, this power may also be exercised at the station. Before the power is exercised, the officer should:

inform the person of the nature of the suspected offence and why they are suspected of committing it.

give them a reasonable opportunity to establish their real name before deciding that their name is unknown and cannot be readily ascertained or that there are reasonable grounds to doubt that a name they have given is their real name.

as applicable, inform the person of the reason why their name is not known and cannot be readily ascertained or of the grounds for doubting that a name they have given is their real name, including, for example, the reason why a particular document the person has produced to verify their real name, is not sufficient.

4D Not used.