Companion Website

Police Law 11th Edition

6. Identification Methods

Chapter 6

Taking fingerprints without consent p 209 and Non-intimate samples p 217

The Counter-Terrorism Act 2008, s 10 and the Crime and Security Act 2010, ss 2-4 and 6, prospectively amend PACE, ss 61 and 63 and add provisions via a new PACE, Sch 2A. The detail of these amendments are included in the forthcoming twelfth edition of Police Law. If the amendments are implemented before its publication, they will be added to this website.

Speculative searches p 211

PACE, s 63A(1) is prospectively amended by the Counter-Terrorism Act 2008, ss 10 and 14. The detail of these amendments are included in the forthcoming twelfth edition of Police Law. If the amendments are implemented before its publication, they will be added to this website.

Destruction of fingerprints and samples p212

In contrast to the decision of the House of Lords referred to in the second paragraph under this heading, PACE, s 64(1A) has been held by the European Court on Human Rights to be incompatible with art 8 of the European Convention of Human Rights (right to respect for private and family life) on the grounds that the blanket and indiscriminate nature of the power under it does not strike a fair balance between competing public and private interests. The Court was particularly concerned by the fact that persons arrested or charged but not subsequently convicted or cautioned are treated in the same way by s 64(1A) as those convicted or cautioned. [S v UK [2009] Crim LR 355]

The Crime and Security Act 2010 prospectively substitutes PACE, s 64, and adds further provisions (ss 64ZA-ZN) in response to the European Court’s decision The detail of these amendments are included in the forthcoming twelfth edition of Police Law. If the amendments are implemented before its publication, they will be added to this website.

The Counter-Terrorism Act 2008, s 14, and the Crime and Security Act 2010, Intimate samples p 216

The Crime and Security Act 2010, ss 2-4 prospectively amend PACE, s 62. The detail of these amendments are included in the forthcoming twelfth edition of Police Law. If the amendments are implemented before its publication, they will be added to this website.

Non-intimate samples p 217

The last sentence ('Where such an impression . . .') of the second paragraph on p 218 should be deleted in consequence of the repeal of the provision by the Policing and Crime Act 2009, Sch 8.