Use of photographs, fingerprints, DNA samples and other samples taken at police stations
Under the Police and Criminal Evidence Act 1984 (PACE), the police have wide powers to take photographs, fingerprints and body samples of persons without their consent where they had been charged with, or convicted of, a recordable offence. These powers have been considerably extended by amendments contained in the Criminal Justice Act 2003. Under the new powers, the police may also take fingerprints and body samples without consent where a person has been detained in consequence of an arrest for a recordable offence (before charge).
Previously, fingerprints and DNA samples taken would have to be destroyed in the event of the person being acquitted, or if the charges were dropped or not pursued. Following amendments to PACE by the Criminal Justice and Police Act 2001, the police now have powers to retain fingerprints and DNA samples lawfully taken from any person - regardless of whether or not they are subsequently convicted of an offence. These records will then be held on databases, but should be used for subsequent detection of crime only.
There was significant concern that this power was incompatible with the right to respect for private life under Article 8 of the Convention, but the Court of Appeal has recently upheld this power in its application to retained fingerprints and samples taken from persons charged with recordable offences. This decision is being appealed to the House of Lords, who will hear the appeal in July 2004. It appears that it will be normal policy for most police forces in the UK to retain fingerprints and DNA samples.
The power to take photographs of suspects and, thereafter, to retain these photographs for the prevention or detection of crime has recently been extended by amendments to PACE brought about by the Anti-Terrorism, Crime and Security Act 2001. Under a new section, Section 64A of PACE, the police have wider powers to take photographs, and to retain these photographs even where the suspect is subsequently released, not charged or acquitted of an offence. It remains to be seen whether this power, involving a more direct interference with Article 8 through the visual identification of individuals, would be found to be similarly compatible with the rights under Article 8 as in the case of fingerprints and DNA samples.
Previously, fingerprints and DNA samples taken would have to be destroyed in the event of the person being acquitted, or if the charges were dropped or not pursued. Following amendments to PACE by the Criminal Justice and Police Act 2001, the police now have powers to retain fingerprints and DNA samples lawfully taken from any person - regardless of whether or not they are subsequently convicted of an offence. These records will then be held on databases, but should be used for subsequent detection of crime only.
There was significant concern that this power was incompatible with the right to respect for private life under Article 8 of the Convention, but the Court of Appeal has recently upheld this power in its application to retained fingerprints and samples taken from persons charged with recordable offences. This decision is being appealed to the House of Lords, who will hear the appeal in July 2004. It appears that it will be normal policy for most police forces in the UK to retain fingerprints and DNA samples.
The power to take photographs of suspects and, thereafter, to retain these photographs for the prevention or detection of crime has recently been extended by amendments to PACE brought about by the Anti-Terrorism, Crime and Security Act 2001. Under a new section, Section 64A of PACE, the police have wider powers to take photographs, and to retain these photographs even where the suspect is subsequently released, not charged or acquitted of an offence. It remains to be seen whether this power, involving a more direct interference with Article 8 through the visual identification of individuals, would be found to be similarly compatible with the rights under Article 8 as in the case of fingerprints and DNA samples.
