Police and Criminal Evidence Act 1984, section 63A

Fingerprints and samples: supplementary provisions

Part V Questioning and Treatment of Persons by Police

[F549 (1)Where a person has been arrested on suspicion of being involved in a recordable offence or has been charged with such an offence or has been informed that he will be reported for such an offence, fingerprints [F550 , impressions of footwearF550] or samples or the information derived from samples taken under any power conferred by this Part of this Act from the person may be checked against—

(a)other fingerprints [F550 , impressions of footwearF550] or samples to which the person seeking to check has access and which are held by or on behalf of [F551 any one or more relevant law-enforcement authorities or whichF551] are held in connection with or as a result of an investigation of an offence;

(b)information derived from other samples if the information is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a) above.

[F552 (1ZA)Fingerprints taken by virtue of section 61(6A) above may be checked against other fingerprints to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence.F552]

[F553 (1A) In subsection (1) [F554 and (1ZA) F554] above “relevant law-enforcement authority” means—

(a)a police force;

[F555 (b)the [F556 National Crime Agency F556] ;F555]

[F557 (ba)the tri-service serious crime unit;F557]

(d)a public authority (not falling within paragraphs (a) to [F558 (ba)F558] ) with functions in any part of the British Islands which consist of or include the investigation of crimes or the charging of offenders;

(e)any person with functions in any country or territory outside the United Kingdom which—

(i)correspond to those of a police force; or

(ii)otherwise consist of or include the investigation of conduct contrary to the law of that country or territory, or the apprehension of persons guilty of such conduct;

(f)any person with functions under any international agreement which consist of or include the investigation of conduct which is—

(i)unlawful under the law of one or more places,

(ii)prohibited by such an agreement, or

(iii)contrary to international law,

or the apprehension of persons guilty of such conduct.

F553(1B)The reference in subsection (1A) above to a police force is a reference to any of the following—

(a)any police force maintained under section 2 of the Police Act 1996 (c. 16) (police forces in England and Wales outside London);

(b)the metropolitan police force;

(c)the City of London police force;

[F559 (d)the Police Service of Scotland;F559]

(e)the Police Service of Northern Ireland;

(f)the Police Service of Northern Ireland Reserve;

(g)the Ministry of Defence Police;

(h)the [F560 Royal Navy PoliceF560] ;

(i)the Royal Military Police;

(j)the Royal Air Force Police;

F561(k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l)the British Transport Police;

(m)the States of Jersey Police Force;

(n)the salaried police force of the Island of Guernsey;

(o)the Isle of Man Constabulary.

[F562 (1BA) In subsection (1A) “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006 . F562]

F553(1C)Where—

(a)fingerprints [F563 , impressions of footwearF563] or samples have been taken from any person in connection with the investigation of an offence but otherwise than in circumstances to which subsection (1) above applies, and

(b)that person has given his consent in writing to the use in a speculative search of the fingerprints [F564 , of the impressions of footwearF564] or of the samples and of information derived from them,

the fingerprints [F565 or impressions of footwearF565] or, as the case may be, those samples and that information may be checked against any of the fingerprints [F566 , impressions of footwearF566] , samples or information mentioned in paragraph (a) or (b) of that subsection.

F553 (1D)A consent given for the purposes of subsection (1C) above shall not be capable of being withdrawn.F553,F549]]

[F567 (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. F567]

(2)Where a sample of hair other than pubic hair is to be taken the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.

(3) Where any power to take a sample is exercisable in relation to a person the sample may be taken in a prison or other institution to which the M37 Prison Act 1952 applies.

[F568 (3A)Where—

(a) the power to take a non-intimate sample under section 63(3B) above is exercisable in relation to any person who is detained under Part III of the M38 Mental Health Act 1983 in pursuance of—

(i)a hospital order or interim hospital order made following his conviction for the recordable offence in question, or

(ii)a transfer direction given at a time when he was detained in pursuance of any sentence or order imposed following that conviction, or

(b)the power to take a non-intimate sample under section 63(3C) above is exercisable in relation to any person,

the sample may be taken in the hospital in which he is detained under that Part of that Act.

Expressions used in this subsection and in the M39 Mental Health Act 1983 have the same meaning as in that Act.

(3B)Where the power to take a non-intimate sample under section 63(3B) above is exercisable in relation to a person detained in pursuance of directions of the Secretary of State under [F569 section 92 of the Powers of Criminal Courts (Sentencing) Act 2000F569] [F570 or section 260 of the Sentencing Code,F570] the sample may be taken at the place where he is so detained.F568]

[F571 (4)Schedule 2A (fingerprinting and samples: power to require attendance at police station) shall have effect.F571,F548]]

Definitions used in section 63A 6

recordable offence

“recordable offence” means any offence to which regulations under section 27 above apply;

Defined in s.118(1) · see it in the full Act
offence

“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;

Defined in s.65(1) · see it in the full Act
fingerprints

“fingerprints”, in relation to any person, means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of—

(a)

any of that person’s fingers; or

(b)

either of his palms;

Defined in s.65(1) · see it in the full Act
speculative search

“speculative search”, in relation to a person’s fingerprints or samples, means such a check against other fingerprints or samples or against information derived from other samples as is referred to in section 63A(1) above;

Defined in s.65(1) · see it in the full Act
sufficient

“sufficient” and “insufficient”, in relation to a sample, means (subject to subsection (2) below) sufficient or insufficient (in point of quantity or quality) for the purpose of enabling information to be produced by the means of analysis used or to be used in relation to the sample ;

Defined in s.65(1) · see it in the full Act
non-intimate sample

“non-intimate sample” means—

(a)

a sample of hair other than pubic hair;

(b)

a sample taken from a nail or from under a nail;

(c)

a swab taken from any part of a person's body other than a part from which a swab taken would be an intimate sample;

(d)

saliva;

(e)

a skin impression;

Defined in s.65(1) · see it in the full Act

Cases considering section 63A 3

London Borough of Lewisham v D & Ors

[2010] EWHC 1239 (Fam) · 29 March 2010

Applies the provision to identify the police power under which the children’s samples and the first respondent’s sample were compared. The resulting comparison was treated as information derived from the respondent’s sample (see paras [10]; [23]).

R (S) v Chief Constable of the South Yorkshire Police (R (Marper) v Chief Constable of the South Yorkshire Police)

[2002] EWCA Civ 1275 · 12 September 2002Defines

Section 63A was identified as adding supplementary powers for taking and checking fingerprints and samples, including in prisons and after charge. It illustrated the statutory code but did not independently determine the retention appeal. (see “The Legislation”)

R, R (on the application of) v A Chief Constable

[2013] EWHC 2864 (Admin) · 24 September 2013

The court recognised that the statutory scheme authorised comparison of a sample with other samples and information held by relevant law-enforcement authorities. That comparison was relevant to the legitimate aim of detecting crime (see para [15]).

What each judgment says about section 63A is in the case-law panel in the full Act.

Amendments and notes

32 notes from legislation.gov.uk

Amendments

  1. F548S. 63A inserted (10.4.1995) by 1994 c. 33, s. 56; S.I. 1995/721, art. 2, Sch.
  2. F549S. 63A(1)(1A) substituted for s. 63A(1) (5.7.1996) by 1996 c. 25, s. 64 (with s. 78(1))
  3. F550Words in s. 63A(1) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(3)(a), 178; S.I. 2005/3495, art. 2(1)(p)
  4. F551Words in s. 63A(1)(a) substituted (11.5.2001) by 2001 c. 16, s. 81(1)
  5. F552S. 63A(1ZA) inserted (7.3.2011) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 117(5)(a), 178(8); S.I. 2011/410, art. 2(c)
  6. F553S. 63A(1A)-(1D) substituted (11.5.2001) for s. 63A(1A) by 2001 c. 16, s. 81(2)
  7. F554Words in s. 63A(1A) inserted (7.3.2011) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 117(5)(b), 178(8); S.I. 2011/410, art. 2(c)
  8. F555S. 63A(1A)(b) substituted (1.4.2006) for s. 63A(1A)(b)(c) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 46; S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))
  9. F556Words in s. 63A(1A)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 186; S.I. 2013/1682, art. 3(v)
  10. F557S. 63A(1A)(ba) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 1(2)(a); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
  11. F558Word in s. 63A(1A)(d) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 1(2)(b); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
  12. F559S. 63A(1B)(d) substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 19
  13. F560Words in s. 63A(1B)(h) substituted (4.6.2007) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 100(a); S.I. 2007/1442, art. 2(1)
  14. F561S. 63A(1B)(k) omitted (1.1.2008) by virtue of and repealed (28.3.2009 for certain purposes and otherwise 31.10.2009) Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 100(b), Sch. 17; S.I. 2007/2913, art. 3; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 this amendment is subject to savings and/or transitional provisions, see the commentary.
  15. F562S. 63A(1BA) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 1(3); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4
  16. F563Words in s. 63A(1C)(a) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(3)(b)(i), 178; S.I. 2005/3495, art. 2(1)(p)
  17. F564Words in s. 63A(1C)(b) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(3)(b)(ii), 178; S.I. 2005/3495, art. 2(1)(p)
  18. F565Words in s. 63A(1C) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(3)(b)(iii), 178; S.I. 2005/3495, art. 2(1)(p)
  19. F566Words in s. 63A(1C) inserted (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 118(3)(b)(iv), 178; S.I. 2005/3495, art. 2(1)(p)
  20. F567S. 63A(1E)(1F) inserted (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 5(1), 59(1); S.I. 2011/414, art. 2(b)
  21. F568S. 63A(3A)(3B) inserted (19.3.1997) by 1997 c. 17, s. 3
  22. F569Words in s. 63A(3B) substituted (25.8.2000) by 2000 c. 6, ss. 165(1), 168(1), Sch. 9 para. 97
  23. F570Words in s. 63A(3B) inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 78 (with Sch. 27); S.I. 2020/1236, reg. 2
  24. F571S. 63A(4) substituted for s. 63(4)-(8) (7.3.2011) by Crime and Security Act 2010 (c. 17), ss. 6(1), 59(1); S.I. 2011/414, art. 2(c)

Modifications

  1. C514S. 63A(1) restricted (1.9.2001) by 2001 c. 17, s. 34(1), Sch. 4 para. 7(3); S.I. 2001/2161, art. 2 (subject to art. 3)
  2. C515S. 63A applied (with modifications) (31.12.2006) by The Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 2006 (S.I. 2006/2015), arts. 2, 3, Schs. 1-3
  3. C516S. 63A amended (1.7.2004) by Railways and Transport Safety Act 2003 (c. 20), ss. 73, 120, Sch. 5 para. 4(1)(a)(2) (with s. 72); S.I. 2004/1572, art. 3(ddd)(jjj)
  4. C517S. 63A(1) applied (with modifications) (1.2.1997) by S.I. 1997/15, art. 2(1), Sch.
  5. C518S. 63A(4) extended (2.12.2002) by Police Reform Act 2002 (c. 30), s. 38, Sch. 4 Pt. 3 para. 32; S.I. 2002/2750, art. 2(a)(ii)(d)

Marginal citations

  1. M371952 c. 52.
  2. M381983 c. 20.
  3. M391983 c. 20.