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• (4) Subsections (3) to (5) (record of search to include person's name and description of person or vehicle) are repealed.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