Crime and Security Act 2010

Police powers of stop and search

Information to be given on taking of material

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• (1) Section 3 of the Police and Criminal Evidence Act 1984 (duty to make records concerning searches) is amended as follows.

• (2) In subsection (1), for “he shall make a record of it” there is substituted “ a record of the search shall be made ”.

• (3) For subsection (2) there is substituted—

(2) If a record of a search is required to be made by subsection (1) above— (a) in a case where the search results in a person being arrested and taken to a police station, the constable shall secure that the record is made as part of the person's custody record; (b) in any other case, the constable shall make the record on the spot, or, if that is not practicable, as soon as practicable after the completion of the search.

• (4) Subsections (3) to (5) (record of search to include person's name and description of person or vehicle) are repealed.

• (5) In subsection (6)—

• (a) in paragraph (a), for sub-paragraphs (v) and (vi) there is substituted—

(v) except in the case of a search of an unattended vehicle, the ethnic origins of the person searched or the person in charge of the vehicle searched (as the case may be); and;

;

• (b) in paragraph (b), for “making it” there is substituted “ who carried out the search ”.

• (6) After subsection (6) there is inserted—

(6A) The requirement in subsection (6)(a)(v) above for a record to state a person's ethnic origins is a requirement to state— (a) the ethnic origins of the person as described by the person, and (b) if different, the ethnic origins of the person as perceived by the constable.

• (7) In subsection (7), for the words from the beginning to “it,” there is substituted “ If a record of a search of a person has been made under this section, ”.

• (8) In subsection (8), for paragraph (b) there is substituted—

(b) a record of the search of the vehicle has been made under this section,

.

• (9) In subsection (9) (time within which copy of search may be requested) for “12 months” there is substituted “ 3 months ”.

Taking of fingerprints and samples: England and Wales

National DNA Database Strategy Board

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Fingerprinting1In the Police and Criminal Evidence Act 1984, in section 61 (fingerprinting), after subsection (5) there is inserted—5AThe 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—ain the case of a person who is on bail, he has not had his fingerprints taken in the course of the investigation of the offence by the police; orbin any case, he has had his fingerprints taken in the course of that investigation but subsection (3A)(a) or (b) above applies.2In that section, after subsection (5A) (as inserted by subsection (1) above) there is inserted—5BThe 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—ahe has not had his fingerprints taken in the course of the investigation of the offence by the police; orbhe has had his fingerprints taken in the course of that investigation but subsection (3A)(a) or (b) above applies.3In that section, for subsection (6) there is substituted—6Subject 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)—ahe has been convicted of a recordable offence,bhe has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, orche has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for a recordable offence, andeither of the conditions mentioned in subsection (6ZA) below is met.6ZAThe conditions referred to in subsection (6) above are—athe person has not had his fingerprints taken since he was convicted, cautioned or warned or reprimanded;bhe has had his fingerprints taken since then but subsection (3A)(a) or (b) above applies.6ZBFingerprints may only be taken as specified in subsection (6) above with the authorisation of an officer of at least the rank of inspector.6ZCAn 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.4In that section, for subsection (8B) there is substituted—8BAny 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.

Non-intimate samples5In section 63 of that Act (non-intimate samples), after subsection (3) there is inserted—3ZAA 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—ain the case of a person who is on bail, 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; orbin any case, he has had a non-intimate sample taken from him in the course of that investigation but—iit was not suitable for the same means of analysis, oriiit proved insufficient.6In that section, for subsection (3A) there is substituted—3AA 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—ahe has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police; orbhe has had a non-intimate sample taken from him in the course of that investigation but—iit was not suitable for the same means of analysis, oriiit proved insufficient; orche has had a non-intimate sample taken from him in the course of that investigation and—ithe sample has been destroyed pursuant to section 64ZA below or any other enactment, andiiit is disputed, in relation to any proceedings relating to the offence, whether a DNA profile relevant to the proceedings is derived from the sample.7In that section, for subsection (3B) there is substituted—3BSubject 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)—ahe has been convicted of a recordable offence,bhe has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, orche has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for a recordable offence, andeither of the conditions mentioned in subsection (3BA) below is met.3BAThe conditions referred to in subsection (3B) above are—aa non-intimate sample has not been taken from the person since he was convicted, cautioned or warned or reprimanded;bsuch a sample has been taken from him since then but—iit was not suitable for the same means of analysis, oriiit proved insufficient.3BBA 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.3BCAn 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.8In that section, in subsection (9A)—aafter “shall not apply to” there is inserted “ (a) ”;bat the end there is inserted; orba person given a caution before 10th April 1995.9In section 1 of the Criminal Evidence (Amendment) Act 1997 (persons imprisoned or detained by virtue of pre-existing conviction for sexual offence etc)—ain subsection (3)(b), at the beginning there is inserted “ he has at any time served or ”;bin subsection (4)(b)—iat the beginning there is inserted “ he has at any time been detained or ”;iisub-paragraph (ii) and the preceding “or” are repealed.10In section 2 of that Act (persons detained following acquittal on grounds of insanity or finding of unfitness to plead), in subsections (3)(a) and (4)(a), at the beginning there is inserted “ he has at any time been detained or ”.

Powers to take material in relation to offences outside England and Wales

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Fingerprinting1In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting), after subsection (6C) there is inserted—6DSubject to this section, the fingerprints of a person may be taken without the appropriate consent if—aunder 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);bthe 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); andceither of the conditions mentioned in subsection (6E) below is met.6EThe conditions referred to in subsection (6D)(c) above are—athe person has not had his fingerprints taken on a previous occasion under subsection (6D) above;bhe has had his fingerprints taken on a previous occasion under that subsection but subsection (3A)(a) or (b) above applies.6FFingerprints may only be taken as specified in subsection (6D) above with the authorisation of an officer of at least the rank of inspector.6GAn 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.

Intimate samples2In section 62 of that Act (intimate samples), after subsection (2) there is inserted—2AAn intimate sample may be taken from a person where—atwo 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;ba police officer of at least the rank of inspector authorises it to be taken; andcthe appropriate consent is given.2BAn 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.3In that section, in subsection (3), after “or (1A)” there is inserted “ or (2A) ”.

Non-intimate samples4In section 63 of that Act (non-intimate samples), after subsection (3D) there is inserted—3ESubject to this section, a non-intimate sample may be taken without the appropriate consent from a person if—aunder 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);bthe 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); andceither of the conditions mentioned in subsection (3F) below is met.3FThe conditions referred to in subsection (3E)(c) above are—athe person has not had a non-intimate sample taken from him on a previous occasion under subsection (3E) above;bhe has had such a sample taken from him on a previous occasion under that subsection but—ithe sample was not suitable for the same means of analysis, oriiit proved insufficient.3GA 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.3HAn 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.

Interpretation5In section 65 of that Act (interpretation), in subsection (1), after the definition of “non-intimate sample” there is inserted—“offence”, in relation to any country or territory outside England and Wales, includes an act punishable under the law of that country or territory, however it is described;.6In that section, at the end there is inserted—3For the purposes of this Part, a person has in particular been convicted of an offence under the law of a country or territory outside England and Wales if—aa court exercising jurisdiction under the law of that country or territory has made in respect of such an offence a finding equivalent to a finding that the person is not guilty by reason of insanity; orbsuch a court has made in respect of such an offence a finding equivalent to a finding that the person is under a disability and did the act charged against him in respect of the offence.

Information to be given on taking of material

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Fingerprinting1In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting), for subsection (7) there is substituted—7Where a person's fingerprints are taken without the appropriate consent by virtue of any power conferred by this section—abefore the fingerprints are taken, the person shall be informed of—ithe reason for taking the fingerprints;iithe power by virtue of which they are taken; andiiiin 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; andbthose matters shall be recorded as soon as practicable after the fingerprints are taken.2In that section, in subsection (7A)—afor “subsection (6A)”, in the first place, there is substituted “ subsection (4A), (6A) ”;bin paragraph (a), for the words from “(or” to “constable)” there is substituted “ (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) ”.3In that section, in subsection (8) (requirement to record reason for taking fingerprints on custody record), for “the reason for taking them” there is substituted “ the matters referred to in subsection (7)(a)(i) to (iii) above ”.

Intimate samples4In section 62 of that Act (intimate samples), for subsections (5) to (7A) there is substituted—5Before an intimate sample is taken from a person, an officer shall inform him of the following—athe reason for taking the sample;bthe fact that authorisation has been given and the provision of this section under which it has been given; andcif the sample was taken at a police station, the fact that the sample may be the subject of a speculative search.6The 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.7After an intimate sample has been taken from a person, the following shall be recorded as soon as practicable—athe matters referred to in subsection (5)(a) and (b) above;bif the sample was taken at a police station, the fact that the person has been informed as specified in subsection (5)(c) above; andcthe fact that the appropriate consent was given.5In that section, in subsection (8), the words “or (7A)” are repealed.6In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by detention officers), in paragraph 30 (warnings about intimate samples), for “section 62(7A)(a)” there is substituted “ section 62(5)(c) ”.

Non-intimate samples7In section 63 of that Act (non-intimate samples), for subsections (6) to (8A) there is substituted—6Where a non-intimate sample is taken from a person without the appropriate consent by virtue of any power conferred by this section—abefore the sample is taken, an officer shall inform him of—ithe reason for taking the sample;iithe power by virtue of which it is taken; andiiiin a case where the authorisation of an officer is required for the exercise of the power, the fact that the authorisation has been given; andbthose matters shall be recorded as soon as practicable after the sample is taken.7The 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.8In that section, in subsection (9) (requirement to record matters on custody record), for “subsection (8) or (8A) or (8B)” there is substituted “ subsection (6) or (8B) ”.

Speculative searches

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• (1) In section 63A of the Police and Criminal Evidence Act 1984 (supplementary), after subsection (1D) there is inserted—

(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) In Schedule 4 to the International Criminal Court Act 2001 (taking of fingerprints or non-intimate samples), in paragraph 7(3)(a), after “section 63A(1)” there is inserted “ , (1E) or (1F) ”.

Power to require attendance at police station

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• (1) In section 63A of the Police and Criminal Evidence Act 1984 (fingerprinting and samples: supplementary provisions), for subsections (4) to (8) there is substituted—

(4) Schedule 2A (fingerprinting and samples: power to require attendance at police station) shall have effect.

• (2) In that Act, after Schedule 2 there is inserted—

SCHEDULE 2A (1) (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5A). (2) The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b) (fingerprints taken on previous occasion insufficient etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied. (3) In sub-paragraph (2) above “appropriate officer” means the officer investigating the offence for which the person was arrested. (2) (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(5B). (2) The power under sub-paragraph (1) above may not be exercised after the end of the period of six months beginning with— (a) in a case falling within section 61(5B)(a) (fingerprints not taken previously), the day on which the person was charged or informed that he would be reported, or (b) in a case falling within section 61(5B)(b) (fingerprints taken on previous occasion insufficient etc), the day on which the appropriate officer was informed that section 61(3A)(a) or (b) applied. (3) In sub-paragraph (2)(b) above “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported. (3) (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6). (2) Where the condition in section 61(6ZA)(a) is satisfied (fingerprints not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with— (a) the day on which the person was convicted, cautioned or warned or reprimanded, or (b) if later, the day on which this Schedule comes into force. (3) Where the condition in section 61(6ZA)(b) is satisfied (fingerprints taken on previous occasion insufficient etc), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with— (a) the day on which an appropriate officer was informed that section 61(3A)(a) or (b) applied, or (b) if later, the day on which this Schedule comes into force. (4) In sub-paragraph (3)(a) above “appropriate officer” means an officer of the police force which investigated the offence in question. (5) Sub-paragraphs (2) and (3) above do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction, caution or warning or reprimand). (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A constable may require a person to attend a police station for the purpose of taking his fingerprints under section 61(6D). (6) (1) Where a person's fingerprints have been taken under section 61 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have his fingerprints taken under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector. (2) Where an authorisation is given under sub-paragraph (1) above— (a) the fact of the authorisation, and (b) the reasons for giving it, shall be recorded as soon as practicable after it has been given. (7) A constable may require a person to attend a police station for the purpose of taking an intimate sample from him under section 62(1A) if, 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 from him but have proved insufficient. (8) A constable may require a person to attend a police station for the purpose of taking a sample from him under section 62(2A) if two or more non-intimate samples suitable for the same means of analysis have been taken from him under section 63(3E) but have proved insufficient. (9) (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3ZA). (2) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3ZA)(b)(i) or (ii). (3) In sub-paragraph (2) above, “appropriate officer” means the officer investigating the offence for which the person was arrested. (10) (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3A). (2) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(a) (sample not taken previously) after the end of the period of six months beginning with the day on which he was charged or informed that he would be reported. (3) The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in section 63(3A)(b)(i) or (ii). (4) In sub-paragraph (3) above “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported. (11) (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3B). (2) Where the condition in section 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with— (a) the day on which the person was convicted, cautioned or warned or reprimanded, or (b) if later, the day on which this Schedule comes into force. (3) Where the condition in section 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc), the power under sub-paragraph (1) above may not be exercised after the end of the period of two years beginning with— (a) the day on which an appropriate officer was informed of the matters specified in section 63(3BA)(b)(i) or (ii), or (b) if later, the day on which this Schedule comes into force. (4) In sub-paragraph (3)(a) above “appropriate officer” means an officer of the police force which investigated the offence in question. (5) Sub-paragraphs (2) and (3) above do not apply where— (a) the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction, caution or warning or reprimand), or (b) he was convicted before 10th April 1995 and is a person to whom section 1 of the Criminal Evidence (Amendment) Act 1997 applies. (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under section 63(3E). (14) (1) Where a non-intimate sample has been taken from a person under section 63 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have another such sample taken from him under that section in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector. (2) Where an authorisation is given under sub-paragraph (1) above— (a) the fact of the authorisation, and (b) the reasons for giving it, shall be recorded as soon as practicable after it has been given. (15) A power conferred by this Schedule to require a person to attend a police station for the purposes of taking fingerprints or a sample under any provision of this Act may be exercised only in a case where the fingerprints or sample may be taken from the person under that provision (and, in particular, if any necessary authorisation for taking the fingerprints or sample under that provision has been obtained). (16) (1) A requirement under this Schedule— (a) shall give the person a period of at least seven days within which he must attend the police station; and (b) may direct him so to attend at a specified time of day or between specified times of day. (2) In specifying a period or time or times of day for the purposes of sub-paragraph (1) above, the constable shall consider whether the fingerprints or sample could reasonably be taken at a time when the person is for any other reason required to attend the police station. (3) A requirement under this Schedule may specify a period shorter than seven days if— (a) there is an urgent need for the fingerprints or sample for the purposes of the investigation of an offence; and (b) the shorter period is authorised by an officer of at least the rank of inspector. (4) Where an authorisation is given under sub-paragraph (3)(b) above— (a) the fact of the authorisation, and (b) the reasons for giving it, shall be recorded as soon as practicable after it has been given. (5) If the constable giving a requirement under this Schedule and the person to whom it is given so agree, it may be varied so as to specify any period within which, or date or time at which, the person must attend; but a variation shall not have effect unless confirmed by the constable in writing. (17) A constable may arrest without warrant a person who has failed to comply with a requirement under this Schedule.

• (3) In that Act, in section 27 (fingerprinting of certain offenders), subsections (1) to (3) are repealed.

• (4) In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by detention officers)—

• (a) in paragraph 25 (attendance at police station for fingerprinting), for “section 27(1) of the 1984 Act (fingerprinting of suspects)” there is substituted “ Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) ”;

• (b) in paragraph 32 (attendance at police station for the taking of a sample), for the words from “subsection (4)” to “samples)” there is substituted “ Schedule 2A to the 1984 Act (fingerprinting and samples: power to require attendance at a police station) ”.

“Qualifying offence”

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After section 65 of the Police and Criminal Evidence Act 1984 there is inserted—

(65A) (1) In this Part, “qualifying offence” means— (a) an offence specified in subsection (2) below, or (b) an ancillary offence relating to such an offence. (2) The offences referred to in subsection (1)(a) above are— (a) murder; (b) manslaughter; (c) false imprisonment; (d) kidnapping; (e) an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861; (f) an offence under section 2 or 3 of the Explosive Substances Act 1883; (g) an offence under section 1 of the Children and Young Persons Act 1933; (h) an offence under section 4(1) of the Criminal Law Act 1967 committed in relation to murder; (i) an offence under sections 16 to 18 of the Firearms Act 1968; (j) an offence under section 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; (k) an offence under section 1 of the Criminal Damage Act 1971 required to be charged as arson; (l) an offence under section 1 of the Protection of Children Act 1978; (m) an offence under section 1 of the Aviation Security Act 1982; (n) an offence under section 2 of the Child Abduction Act 1984; (o) an offence under section 9 of the Aviation and Maritime Security Act 1990; (p) an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50, 52, 53, 57 to 59, 61 to 67, 69 and 70 of the Sexual Offences Act 2003; (q) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004; (r) an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008. (3) The Secretary of State may by order made by statutory instrument amend subsection (2) above. (4) A statutory instrument containing an order under subsection (3) above shall not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament. (5) In subsection (1)(b) above “ancillary offence”, in relation to an offence, means— (a) aiding, abetting, counselling or procuring the commission of the offence; (b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement); (c) attempting or conspiring to commit the offence.

Taking of fingerprints and samples: Northern Ireland

Powers to take material in relation to offences

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Fingerprinting1In the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)), in Article 61 (fingerprinting), after paragraph (5) there is inserted—5AThe fingerprints of a person may be taken without the appropriate consent if (before or after the coming into force of this paragraph) he has been arrested for a recordable offence and released and—ain the case of a person who is on bail, he has not had his fingerprints taken in the course of the investigation of the offence by the police; orbin any case, he has had his fingerprints taken in the course of that investigation but paragraph (4A)(a) or (b) applies.2In that Article, after paragraph (5A) (as inserted by subsection (1) above) there is inserted—5BThe 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 paragraph) he has been charged with a recordable offence or informed that he will be reported for such an offence and—ahe has not had his fingerprints taken in the course of the investigation of the offence by the police; orbhe has had his fingerprints taken in the course of that investigation but paragraph (4A)(a) or (b) applies.3In that Article, for paragraph (6) there is substituted—6Subject to this Article, the fingerprints of a person may be taken without the appropriate consent if (before or after the coming into force of this paragraph)—ahe has been convicted of a recordable offence, orbhe has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, andeither of the conditions mentioned in paragraph (6ZA) is met.6ZAThe conditions referred to in paragraph (6) are—athe person has not had his fingerprints taken since he was convicted or cautioned;bhe has had his fingerprints taken since then but paragraph (4A)(a) or (b) applies.6ZBFingerprints may only be taken as specified in paragraph (6) with the authorisation of an officer of at least the rank of inspector.6ZCAn officer may only give an authorisation under paragraph (6ZB) if the officer is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime.6ZDParagraph (6) shall not apply to a person who, in relation to a sentence in respect of an offence, is released on licence under the Northern Ireland (Sentences) Act 1998 (or has been so released and the licence has lapsed).4In that Article, for paragraph (8A) there is substituted—8AAny power under this Article 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.

Non-intimate samples5In Article 63 of that Order (non-intimate samples), after paragraph (3) there is inserted—3ZAA non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this paragraph) he has been arrested for a recordable offence and released and—ain the case of a person who is on bail, 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; orbin any case, he has had a non-intimate sample taken from him in the course of that investigation but—iit was not suitable for the same means of analysis, oriiit proved insufficient.6In that Article, for paragraph (3A) there is substituted—3AA 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—ahe has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police; orbhe has had a non-intimate sample taken from him in the course of that investigation but—iit was not suitable for the same means of analysis, oriiit proved insufficient; orche has had a non-intimate sample taken from him in the course of that investigation and—ithe sample has been destroyed pursuant to Article 64ZA or any other enactment, andiiit is disputed, in relation to any proceedings relating to the offence, whether a DNA profile relevant to the proceedings is derived from the sample.7In that Article (non-intimate samples), for paragraph (3B) there is substituted—3BSubject to this Article, a non-intimate sample may be taken from a person without the appropriate consent if (before or after the coming into force of this paragraph)—ahe has been convicted of a recordable offence, orbhe has been given a caution in respect of a recordable offence which, at the time of the caution, he has admitted, andeither of the conditions mentioned in paragraph (3BA) is met.3BAThe conditions referred to in paragraph (3B) are—aa non-intimate sample has not been taken from the person since he was convicted or cautioned;bsuch a sample has been taken from him since then but—iit was not suitable for the same means of analysis, oriiit proved insufficient.3BBA non-intimate sample may only be taken as specified in paragraph (3B) with the authorisation of an officer of at least the rank of inspector.3BCAn officer may only give an authorisation under paragraph (3BB) if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.3BDParagraph (3B) shall not apply to—aa person convicted of an offence before 29 July 1996, unless the offence is a qualifying offence by virtue of being—ian offence specified in any of paragraphs (a) to (n) of Article 53A(2), oriian ancillary offence, within the meaning given by Article 53A(4), in relation to such an offence;ba person given a caution before 29 July 1996;ca person who, in relation to a sentence in respect of an offence, is released on licence under the Northern Ireland (Sentences) Act 1998 (or has been so released and the licence has lapsed).8In that Article, paragraph (10) is repealed.

Powers to take material in relation to offences outside Northern Ireland

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Fingerprinting1In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting), after paragraph (6C) there is inserted—6DSubject to this Article, the fingerprints of a person may be taken without the appropriate consent if—aunder the law in force in a country or territory outside Northern Ireland the person has been convicted of an offence under that law (whether before or after the coming into force of this paragraph and whether or not he has been punished for it);bthe act constituting the offence would constitute a qualifying offence if done in Northern Ireland (whether or not it constituted such an offence when the person was convicted); andceither of the conditions mentioned in paragraph (6E) is met.6EThe conditions referred to in paragraph (6D)(c) are—athe person has not had his fingerprints taken on a previous occasion under that paragraph;bhe has had his fingerprints taken on a previous occasion under that paragraph but paragraph (4A)(a) or (b) applies.6FFingerprints may only be taken as specified in paragraph (6D) with the authorisation of an officer of at least the rank of inspector.6GAn officer may only give an authorisation under paragraph (6F) if the officer is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime.

Intimate samples2In Article 62 of that Order (intimate samples), after paragraph (2) there is inserted—2AAn intimate sample may be taken from a person where—atwo or more non-intimate samples suitable for the same means of analysis have been taken from the person under Article 63(3D) (persons convicted of offences outside Northern Ireland etc) but have proved insufficient;ba police officer of at least the rank of inspector authorises it to be taken; andcthe appropriate consent is given.2BAn officer may only give an authorisation under paragraph (2A) if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.3In that Article, in paragraph (3), after “or (1A)” there is inserted “ or (2A) ”.

Non-intimate samples4In Article 63 of that Order (other samples), after paragraph (3C) there is inserted—3DSubject to this Article, a non-intimate sample may be taken without the appropriate consent from a person if—aunder the law in force in a country or territory outside Northern Ireland the person has been convicted of an offence under that law (whether before or after the coming into force of this paragraph and whether or not he has been punished for it);bthe act constituting the offence would constitute a qualifying offence if done in Northern Ireland (whether or not it constituted such an offence when the person was convicted); andceither of the conditions mentioned in paragraph (3E) is met.3EThe conditions referred to in paragraph (3D) are—athe person has not had a non-intimate sample taken from him on a previous occasion under that paragraph;bhe has had such a sample taken from him on a previous occasion under that paragraph but—ithe sample was not suitable for the same means of analysis, oriiit proved insufficient.3FA non-intimate sample may only be taken as specified in paragraph (3D) with the authorisation of an officer of at least the rank of inspector.3GAn officer may only give an authorisation under paragraph (3F) if the officer is satisfied that taking the sample is necessary to assist in the prevention or detection of crime.

Interpretation5In Article 53 of that Order (interpretation), in paragraph (1), after the definition of “non-intimate sample” there is inserted—“offence”, in relation to any country or territory outside Northern Ireland, includes an act punishable under the law of that country or territory, however it is described;.6In that Article, at the end there is inserted—4For the purposes of this Part, a person has in particular been convicted of an offence under the law of a country or territory outside Northern Ireland if—aa court exercising jurisdiction under the law of that country or territory has made in respect of such an offence a finding equivalent to a finding that the person is not guilty by reason of insanity; orbsuch a court has made in respect of such an offence a finding equivalent to a finding that the person is under a disability and did the act charged against him in respect of the offence.

Information to be given on taking of material

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Fingerprinting1In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting), for paragraph (7) there is substituted—7Where a person's fingerprints are taken without the appropriate consent by virtue of any power conferred by this Article—abefore the fingerprints are taken, the person shall be informed of—ithe reason for taking the fingerprints;iithe power by virtue of which they are taken; andiiiin 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; andbthose matters shall be recorded as soon as practicable after the fingerprints are taken.2In that Article, in paragraph (7A)—afor “paragraph (6A)”, in the first place, there is substituted “ paragraph (4AA), (6A) ”;bin paragraph (a), for the words from “(or” to “constable)” there is substituted “ (or, where by virtue of paragraph (4AA), (6A) or (6BA) the fingerprints are taken at a place other than a police station, the constable taking the fingerprints) ”.3In that Article, in paragraph (8) (requirement to record reason for taking fingerprints on custody record), for “the reason for taking them” there is substituted “ the matters referred to in paragraph (7)(a)(i) to (iii) ”.

Intimate samples4In Article 62 of that Order (intimate samples), for paragraphs (5) to (7A) there is substituted—5Before an intimate sample is taken from a person, an officer shall inform him of the following—athe reason for taking the sample;bthe fact that authorisation has been given and the provision of this Article under which it has been given; andcif the sample was taken at a police station, the fact that the sample may be the subject of a speculative search.6The reason referred to in paragraph (5)(a) must include, except in a case where the intimate sample is taken under paragraph (2A), a statement of the nature of the offence in which it is suspected that the person has been involved.7After an intimate sample has been taken from a person, the following shall be recorded as soon as practicable—athe matters referred to in paragraph (5)(a) and (b);bif the sample was taken at a police station, the fact that the person has been informed as specified in paragraph (5)(c); andcthe fact that the appropriate consent was given.5In that Article, in paragraph (8), the words “or (7A)” are repealed.6In the Police (Northern Ireland) Act 2003, in Part 2 of Schedule 2 (powers exercisable by detention officers), in paragraph 16 (warnings about intimate samples), for “Article 62(7A)(a)” there is substituted “ Article 62(5)(c) ”.

Non-intimate samples7In Article 63 of that Order (non-intimate samples), for paragraphs (6) to (8A) there is substituted—6Where a non-intimate sample is taken from a person without the appropriate consent by virtue of any power conferred by this Article—abefore the sample is taken, an officer shall inform him of—ithe reason for taking the sample;iithe power by virtue of which it is taken; andiiiin a case where the authorisation of an officer is required for the exercise of the power, the fact that the authorisation has been given; andbthose matters shall be recorded as soon as practicable after the sample is taken.7The reason referred to in paragraph (6)(a)(i) must include, except in a case where the non-intimate sample is taken under paragraph (3B) or (3D), a statement of the nature of the offence in which it is suspected that the person has been involved.8In that Article, in paragraph (9) (requirement to record matters on custody record), for “paragraph (8), (8A) or (8B)” there is substituted “ paragraph (6) or (8B) ”.

Speculative searches

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• (1) In Article 63A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (supplementary), after paragraph (1D) there is inserted—

(1E) Where fingerprints or samples have been taken from any person under Article 61(6) or 63(3B) (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 paragraph (1)(a) or (b). (1F) Where fingerprints or samples have been taken from any person under Article 61(6D), 62(2A) or 63(3D) (offences outside Northern Ireland), the fingerprints or samples, or information derived from the samples, may be checked against any of the fingerprints, samples or information mentioned in paragraph (1)(a) or (b).

• (2) In Schedule 4 to the International Criminal Court Act 2001 (taking of fingerprints or non-intimate samples), in paragraph 7(3)(b), after “Article 63A(1)” there is inserted “ , (1E) or (1F) ”.

Power to require attendance at police station

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• (1) In Article 63A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (fingerprinting and samples: supplementary provisions), for paragraphs (4) to (8) there is substituted—

(4) Schedule 2A (fingerprinting and samples: power to require attendance at police station) shall have effect.

• (2) In that Order, after Schedule 2 there is inserted—

SCHEDULE 2A (1) (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(5A). (2) The power under sub-paragraph (1) may not be exercised in a case falling within Article 61(5A)(b) (fingerprints taken on previous occasion insufficient etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed that Article 61(4A)(a) or (b) applied. (3) In sub-paragraph (2) “appropriate officer” means the officer investigating the offence for which the person was arrested. (2) (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(5B). (2) The power under sub-paragraph (1) may not be exercised after the end of the period of six months beginning with— (a) in a case falling within Article 61(5B)(a) (fingerprints not taken previously), the day on which the person was charged or informed that he would be reported, or (b) in a case falling within Article 61(5B)(b) (fingerprints taken on previous occasion insufficient etc), the day on which the appropriate officer was informed that Article 61(4A)(a) or (b) applied. (3) In sub-paragraph (2)(b) “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported. (3) (1) A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(6). (2) Where the condition in Article 61(6ZA)(a) is satisfied (fingerprints not taken previously), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with— (a) the day on which the person was convicted or cautioned, or (b) if later, the day on which this Schedule comes into force. (3) Where the condition in Article 61(6ZA)(b) is satisfied (fingerprints taken on previous occasion insufficient etc), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with— (a) the day on which an appropriate officer was informed that Article 61(4A)(a) or (b) applied, or (b) if later, the day on which this Schedule comes into force. (4) In sub-paragraph (3)(a) “appropriate officer” means an officer of the police force which investigated the offence in question. (5) Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution). (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) A constable may require a person to attend a police station for the purpose of taking his fingerprints under Article 61(6D). (6) (1) Where a person's fingerprints have been taken under Article 61 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have his fingerprints taken under that Article in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector. (2) Where an authorisation is given under sub-paragraph (1) — (a) the fact of the authorisation, and (b) the reasons for giving it, shall be recorded as soon as practicable after it has been given. (7) A constable may require a person to attend a police station for the purpose of taking an intimate sample from him under Article 62(1A) if, 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 from him but have proved insufficient. (8) A constable may require a person to attend a police station for the purpose of taking a sample from him under Article 62(2A) if two or more non-intimate samples suitable for the same means of analysis have been taken from him under Article 63(3D) but have proved insufficient. (9) (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3ZA). (2) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3ZA)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in Article 63(3ZA)(b)(i) or (ii). (3) In sub-paragraph (2) “appropriate officer” means the officer investigating the offence for which the person was arrested. (10) (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3A). (2) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3A)(a) (sample not taken previously) after the end of the period of six months beginning with the day on which he was charged or informed that he would be reported. (3) The power under sub-paragraph (1) may not be exercised in a case falling within Article 63(3A)(b) (sample taken on a previous occasion not suitable etc) after the end of the period of six months beginning with the day on which the appropriate officer was informed of the matters specified in Article 63(3A)(b)(i) or (ii). (4) In sub-paragraph (3) “appropriate officer” means the officer investigating the offence for which the person was charged or informed that he would be reported. (11) (1) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3B). (2) Where the condition in Article 63(3BA)(a) is satisfied (sample not taken previously), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with— (a) the day on which the person was convicted or cautioned, or (b) if later, the day on which this Schedule comes into force. (3) Where the condition in Article 63(3BA)(b) is satisfied (sample taken on a previous occasion not suitable etc), the power under sub-paragraph (1) may not be exercised after the end of the period of two years beginning with— (a) the day on which an appropriate officer was informed of the matters specified in Article 63(3BA)(b)(i) or (ii), or (b) if later, the day on which this Schedule comes into force. (4) In sub-paragraph (3)(a) “appropriate officer” means an officer of the police force which investigated the offence in question. (5) Sub-paragraphs (2) and (3) do not apply where the offence is a qualifying offence (whether or not it was such an offence at the time of the conviction or caution). (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (13) A constable may require a person to attend a police station for the purpose of taking a non-intimate sample from him under Article 63(3D). (14) (1) Where a non-intimate sample has been taken from a person under Article 63 on two occasions in relation to any offence, he may not under this Schedule be required to attend a police station to have another such sample taken from him under that Article in relation to that offence on a subsequent occasion without the authorisation of an officer of at least the rank of inspector. (2) Where an authorisation is given under sub-paragraph (1) — (a) the fact of the authorisation, and (b) the reasons for giving it, shall be recorded as soon as practicable after it has been given. (15) A power conferred by this Schedule to require a person to attend a police station for the purposes of taking fingerprints or a sample under any provision of this Order may be exercised only in a case where the fingerprints or sample may be taken from the person under that provision (and, in particular, if any necessary authorisation for taking the fingerprints or sample under that provision has been obtained). (16) (1) A requirement under this Schedule— (a) shall give the person a period of at least seven days within which he must attend the police station; and (b) may direct him so to attend at a specified time of day or between specified times of day. (2) In specifying a period or time or times of day for the purposes of sub-paragraph (1), the constable shall consider whether the fingerprints or sample could reasonably be taken at a time when the person is for any other reason required to attend the police station. (3) A requirement under this Schedule may specify a period shorter than seven days if— (a) there is an urgent need for the fingerprints or sample for the purposes of the investigation of an offence; and (b) the shorter period is authorised by an officer of at least the rank of inspector. (4) Where an authorisation is given under sub-paragraph (3)(b)— (a) the fact of the authorisation, and (b) the reasons for giving it, shall be recorded as soon as practicable after it has been given. (5) If the constable giving a requirement under this Schedule and the person to whom it is given so agree, it may be varied so as to specify any period within which, or date or time at which, the person must attend; but a variation shall not have effect unless confirmed by the constable in writing. (17) A constable may arrest without warrant a person who has failed to comply with a requirement under this Schedule.

• (3) In that Order, in Article 29 (fingerprinting of certain offenders), paragraphs (1) to (3) are repealed.

• (4) In the Police (Northern Ireland) Act 2003, in Part 2 of Schedule 2 (powers exercisable by detention officers)—

• (a) in paragraph 11 (attendance at police station for fingerprinting), for “Article 29(1) of the 1989 Order (fingerprinting of offenders)” there is substituted “ Schedule 2A to the 1989 Order (fingerprinting and samples: power to require attendance at a police station) ”;

• (b) in paragraph 19 (attendance at police station for the taking of a sample), for the words from “paragraph (4)” to “samples)” there is substituted “ Schedule 2A to the 1989 Order (fingerprinting and samples: power to require attendance at a police station) ”.

“Qualifying offence”

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• (1) After Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (interpretation) there is inserted—

(53A) (1) In this Part, “qualifying offence” means— (a) an offence specified in paragraph (2), or (b) an ancillary offence relating to such an offence. (2) The offences referred to in paragraph (1)(a) are— (a) murder; (b) manslaughter; (c) false imprisonment; (d) kidnapping; (e) an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861; (f) an offence under section 2 or 3 of the Explosive Substances Act 1883; (g) an offence under section 20 of the Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.)); (h) an offence under section 9 or 10 of the Theft Act (Northern Ireland) 1969 (c. 16 (N.I.)); (i) an offence under Article 3 of the Criminal Damage (Northern Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)) required to be charged as arson; (j) an offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I.1978/1047 (N.I. 17); (k) an offence under Article 172B of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) involving an accident which caused a person's death; (l) an offence under section 1 of the Aviation Security Act 1982; (m) an offence under Article 4 of the Child Abduction (Northern Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17)); (n) an offence under section 9 of the Aviation and Maritime Security Act 1990; (o) an offence under sections 57 to 59 of the Sexual Offences Act 2003; (p) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004; (q) an offence under Article 58, 59 or 60 of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3)); (r) an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008; (s) an offence under any of Articles 5 to 26, 32, 33, 37 to 40, 43 to 54, 62, 63, 65 to 71, 73 and 74 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)). (3) The Secretary of State may by order amend paragraph (2) (subject to Article 89). (3A) The power to make an order under paragraph (3) is exercisable by the Department of Justice (and not by the Secretary of State) so far as the power may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998). (4) In paragraph (1)(b) “ancillary offence”, in relation to an offence, means— (a) aiding, abetting, counselling or procuring the commission of the offence; (b) an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence (including, in relation to times before the commencement of that Part, an offence of incitement); (c) attempting or conspiring to commit the offence.

• (2) Amend Article 89 of that Order (orders and regulations) as follows—

• (a) in paragraph (1)—

• (i) after “made” insert “by the Secretary of State”; and

• (ii) after “Article” insert “53A or”;

• (b) in paragraph (2)—

• (i) after “Article 53,” insert “53A,”; and

• (ii) for “or 66,” insert “, 66 or 81”.

Retention, destruction and use of fingerprints and samples etc

Material subject to the Police and Criminal Evidence Act 1984

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Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989

15

• (1) For Article 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (destruction of fingerprints and samples) there is substituted—

(64) (1) This Article applies to the following material— (a) fingerprints, samples or impressions of footwear— (i) taken from a person under any power conferred by this Part of this Order, or (ii) taken in connection with the investigation of an offence with the consent of the person from whom they were taken, and (b) a DNA profile derived from a DNA sample falling within paragraph (a). (2) Material to which this Article applies may be retained after it has fulfilled the purpose for which it was taken or derived. (3) This Article is subject to Articles 64ZA to 64ZJ. (4) This Article and Articles 64ZA to 64ZH do not apply to material to which paragraph 14 of Schedule 8 to the Terrorism Act 2000 applies. (5) Any reference in those Articles to a person being arrested for or charged with an offence does not include a reference to a person— (a) being arrested under section 41 of the Terrorism Act 2000, or (b) being charged with an offence following an arrest under that section. (6) Nothing in this Article, or Articles 64ZA to 64ZN, affects any power conferred by— (a) paragraph 18(2) of Schedule 2 to the Immigration Act 1971 (power to take reasonable steps to identify a person detained), or (b) section 20 of the Immigration and Asylum Act 1999 (disclosure of police information to the Secretary of State for use for immigration purposes).

• (2) After Article 64 of that Order (as substituted by subsection (1) above) there is inserted—