Fingerprints

What type of evidence are fingerprints?

Identification evidence

What is the key provision for fingerprints? What is PACE CODE governs fingerprints?

• s.61

• Code D

Give the three situations in why police will take fingerprints

• to assist in an investigation

• when the person suspected in being involved in committing or attempting to commit an offence their name is unknown or there is doubt that it is their real name

• Necessary to prevent or detect crime

Is consent needed to take fingerprints? General rule

Yes - s.61(1) should be appropriate consent with the consent in writing when they are at the police station

If a person refuses consent can their fingerprints still be taken?

Yes

S.61 means that no consent is needed when:

• recordable offence (any offence that carries a possible sentence of imprisonment)

• when the person has been arrested, charged or reported for a recordable offence

Can force be used to obtain fingerprints? Make reference to relevant provisions/Code

Yes - Code D para 4.6 reasonable force if necessary can be used to take a person’s fingerprints without their consent

Is authorisation always required? Give two classic examples of when authorisation may be required and its grounds

No - fingerprints considered as non - intimate

Authorisation usually in the case where they are not under arrest, or have been charged examples are:

• answering bail either at Court or station - when there are reasonable grounds to believe that the fingerprints taken on the previous occasion are not the same person answering bail OR person answering bail claims to be a different person from the previous occasion where the fingerprints were taken

• Authorisation would be through the court or an officer with at least a rank of inspector

• Caution - when it is necessary to assist in the prevention or detection of crime would need authorisation of an officer at least the rank of an inspector

What four things should the suspect be informed of before their fingerprints are taken?

1. why their fingerprints are taken

2. the grounds for taking the fingerprints including grounds for taking it without consent

3. fingerprints may be retained and made subject to a speculative search → Code D para 4.7

4. if applicable that there has been authorisation