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POLICE AND CRIMINAL EVIDENCE ACT 1984

CODE D

==== CODE OF PRACTICE FOR THE IDENTIFICATION OF PERSONS BY POLICE OFFICERS ====

s67(7B) of the Police and Criminal Evidence Act 1984 (PACE)

This code has effect in relation to any identification procedure carried out after midnight on 06 March 2011.

Codes of practice – Code D Identification of persons by police officers

1 Introduction

1.1 This Code of Practice concerns the principal methods used by police to identify people in connection with the investigation of offences and the keeping of accurate and reliable criminal records. The powers and procedures in this code must be used fairly, responsibly, with respect for the people to whom they apply and without unlawful discrimination. The Equality Act 2010 makes it unlawful for police officers to discriminate against, harass or victimise any person on the grounds of the ‘protected characteristics’ of age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, marriage and civil partnership, pregnancy and maternity when using their powers. When police forces are carrying out their functions they also have a duty to have regard to the need to eliminate unlawful discrimination, harassment and victimisation and to take steps to foster good relations.

1.2 In this code, identification by an eye-witness arises when a witness who has seen the offender committing the crime and is given an opportunity to identify a person suspected of involvement in the offence in a video identification, identification parade or similar procedure. These eye-witness identification procedures (see Part A of section 3 below) are designed to:

• test the witness’ ability to identify the suspect as the person they saw on a previous occasion

• provide safeguards against mistaken identification. While this Code concentrates on visual identification procedures, it does not preclude the police making use of aural identification procedures such as a “voice identification parade”, where they judge that appropriate.

1.2A In this code, separate provisions in Part B of section 3 below apply when any person, including a police officer, is asked if they recognise anyone they see in an image as being someone they know and to test their claim that they recognise that person as someone who is known to them. Except where stated, these separate provisions are not subject to the eye-witnesses identification procedures described in paragraph 1.2.

1.3 Identification by fingerprints applies when a person’s fingerprints are taken to:

• compare with fingerprints found at the scene of a crime

• check and prove convictions

• help to ascertain a person’s identity.

Codes of practice – Code D Identification of persons by police officers

1.3A Identification using footwear impressions applies when a person’s footwear impressions are taken to compare with impressions found at the scene of a crime.

1.4 Identification by body samples and impressions includes taking samples such as blood or hair to generate a DNA profile for comparison with material obtained from the scene of a crime, or a victim. 1.5 Taking photographs of arrested people applies to recording and checking identity and locating and tracing persons who: • are wanted for offences • fail to answer their bail. 1.6 Another method of identification involves searching and examining detained suspects to find, e.g., marks such as tattoos or scars which may help establish their identity or whether they have been involved in committing an offence. 1.7 The provisions of the Police and Criminal Evidence Act 1984 (PACE) and this Code are designed to make sure fingerprints, samples, impressions and photographs are taken, used and retained, and identification procedures carried out, only when justified and necessary for preventing, detecting or investigating crime. If these provisions are not observed, the application of the relevant procedures in particular cases may be open to question. 2 General 2.1 This Code must be readily available at all police stations for consultation by: • police officers and police staff • detained persons • members of the public 2.2 The provisions of this Code: • include the Annexes • do not include the Notes for guidance. 2.3 Code C, paragraph 1.4, regarding a person who may be mentally disordered or otherwise mentally vulnerable and the Notes for guidance applicable to those provisions apply to this Code. 2.4 Code C, paragraph 1.5, regarding a person who appears to be under the age of 17 applies to this Code. Codes of practice – Code D Identification of persons by police officers 5 D 2.5 Code C, paragraph 1.6, regarding a person who appears to be blind, seriously visually impaired, deaf, unable to read or speak or has difficulty communicating orally because of a speech impediment applies to this Code. 2.6 In this Code: • ‘appropriate adult’ means the same as in Code C, paragraph 1.7 • ‘solicitor’ means the same as in Code C, paragraph 6.12 and the Notes for guidance applicable to those provisions apply to this Code. • where a search or other procedure under this code may only be carried out or observed by a person of the same sex as the person to whom the search or procedure applies, the gender of the detainee and other persons present should be established and recorded in line with Annex F of Code A. 2.7 References to custody officers include those performing the functions of custody officer, see paragraph 1.9 of Code C. 2.8 When a record of any action requiring the authority of an officer of a specified rank is made under this Code, subject to paragraph 2.18, the officer’s name and rank must be recorded. 2.9 When this Code requires the prior authority or agreement of an officer of at least inspector or superintendent rank, that authority may be given by a sergeant or chief inspector who has been authorised to perform the functions of the higher rank under PACE, section 107. 2.10 Subject to paragraph 2.18, all records must be timed and signed by the maker. 2.11 Records must be made in the custody record, unless otherwise specified. References to ‘pocket book’ include any official report book issued to police officers or police staff. 2.12 If any procedure in this Code requires a person’s consent, the consent of a: • mentally disordered or otherwise mentally vulnerable person is only valid if given in the presence of the appropriate adult • juvenile is only valid if their parent’s or guardian’s consent is also obtained unless the juvenile is under 14, when their parent’s or guardian’s consent is sufficient in its own right. If the only obstacle to an identification procedure in section 3 is that a juvenile’s parent or guardian refuses consent or reasonable efforts to obtain it have failed, the identification officer may apply the provisions of paragraph 3.21. See Note 2A Codes of practice – Code D Identification of persons by police officers 6 D 2.13 If a person is blind, seriously visually impaired or unable to read, the custody officer or identification officer shall make sure their solicitor, relative, appropriate adult or some other person likely to take an interest in them and not involved in the investigation is available to help check any documentation. When this Code requires written consent or signing, the person assisting may be asked to sign instead, if the detainee prefers. This paragraph does not require an appropriate adult to be called solely to assist in checking and signing documentation for a person who is not a juvenile, or mentally disordered or otherwise mentally vulnerable (see Note 2B and Code C paragraph 3.15). 2.14 If any procedure in this Code requires information to be given to or sought from a suspect, it must be given or sought in the appropriate adult’s presence if the suspect is mentally disordered, otherwise mentally vulnerable or a juvenile. If the appropriate adult is not present when the information is first given or sought, the procedure must be repeated in the presence of the appropriate adult when they arrive. If the suspect appears deaf or there is doubt about their hearing or speaking ability or ability to understand English, and effective communication cannot be established, the information must be given or sought through an interpreter. 2.15 Any procedure in this Code involving the participation of a suspect who is mentally disordered, otherwise mentally vulnerable or a juvenile must take place in the presence of the appropriate adult. See Code C paragraph 1.4. 2.15A Any procedure in this Code involving the participation of a witness who is or appears to be mentally disordered, otherwise mentally vulnerable or a juvenile should take place in the presence of a pre-trial support person unless the witness states that they do not want a support person to be present. A support person must not be allowed to prompt any identification of a suspect by a witness. See Note 2AB. 2.16 References to: • ‘taking a photograph’, include the use of any process to produce a single, still or moving, visual image • ‘photographing a person’, should be construed accordingly • ‘photographs’, ‘films’, ‘negatives’ and ‘copies’ include relevant visual images recorded, stored, or reproduced through any medium • ‘destruction’ includes the deletion of computer data relating to such images or making access to that data impossible Codes of practice – Code D Identification of persons by police officers 7 D 2.17 Except as described, nothing in this Code affects the powers and procedures: (i) for requiring and taking samples of breath, blood and urine in relation to driving offences, etc, when under the influence of drink, drugs or excess alcohol under the: • Road Traffic Act 1988, sections 4 to 11 • Road Traffic Offenders Act 1988, sections 15 and 16 • Transport and Works Act 1992, sections 26 to 38; (ii) under the Immigration Act 1971, Schedule 2, paragraph 18, for taking photographs and fingerprints from persons detained under that Act, Schedule 2, paragraph 16 (Administrative Controls as to Control on Entry etc.); for taking fingerprints in accordance with the Immigration and Asylum Act 1999; sections 141 and 142(3), or other methods for collecting information about a person’s external physical characteristics provided for by regulations made under that Act, section 144; (iii) under the Terrorism Act 2000, Schedule 8, for taking photographs, fingerprints, skin impressions, body samples or impressions from people: • arrested under that Act, section 41, • detained for the purposes of examination under that Act, Schedule 7, and to whom the Code of Practice issued under that Act, Schedule 14, paragraph 6, applies (’the terrorism provisions’) See Note 2C; (iv) for taking photographs, fingerprints, skin impressions, body samples or impressions from people who have been: • arrested on warrants issued in Scotland, by officers exercising powers under the Criminal Justice and Public Order Act 1994, section 136(2) • arrested or detained without warrant by officers from a police force in Scotland exercising their powers of arrest or detention under the Criminal Justice and Public Order Act 1994, section 137(2), (Cross Border powers of arrest etc.). Note: In these cases, police powers and duties and the person’s rights and entitlements whilst at a police station in England and Wales are the same as if the person had been arrested in Scotland by a Scottish police officer. Codes of practice – Code D Identification of persons by police officers 8 D 2.18 Nothing in this Code requires the identity of officers or police staff to be recorded or disclosed: (a) in the case of enquiries linked to the investigation of terrorism; (b) if the officers or police staff reasonably believe recording or disclosing their names might put them in danger. In these cases, they shall use warrant or other identification numbers and the name of their police station. See Note 2D 2.19 In this Code: (a) ‘designated person’ means a person other than a police officer, designated under the Police Reform Act 2002, Part 4, who has specified powers and duties of police officers conferred or imposed on them; (b) any reference to a police officer includes a designated person acting in the exercise or performance of the powers and duties conferred or imposed on them by their designation. 2.20 If a power conferred on a designated person: (a) allows reasonable force to be used when exercised by a police officer, a designated person exercising that power has the same entitlement to use force; (b) includes power to use force to enter any premises, that power is not exercisable by that designated person except: (i) in the company, and under the supervision, of a police officer; or (ii) for the purpose of: • saving life or limb; or • preventing serious damage to property. 2.21 Nothing in this Code prevents the custody officer, or other officer given custody of the detainee, from allowing police staff who are not designated persons to carry out individual procedures or tasks at the police station if the law allows. However, the officer remains responsible for making sure the procedures and tasks are carried out correctly in accordance with the Codes of Practice. Any such person must be: (a) a person employed by a police authority maintaining a police force and under the control and direction of the Chief Officer of that force; (b) employed by a person with whom a police authority has a contract for the provision of services relating to persons arrested or otherwise in custody. Codes of practice – Code D Identification of persons by police officers 9 D 2.22 Designated persons and other police staff must have regard to any relevant provisions of the Codes of Practice. Notes for guidance 2A For the purposes of paragraph 2.12, the consent required from a parent or guardian may, for a juvenile in the care of a local authority or voluntary organisation, be given by that authority or organisation. In the case of a juvenile, nothing in paragraph 2.12 requires the parent, guardian or representative of a local authority or voluntary organisation to be present to give their consent, unless they are acting as the appropriate adult under paragraphs 2.14 or 2.15. However, it is important that a parent or guardian not present is fully informed before being asked to consent. They must be given the same information about the procedure and the juvenile’s suspected involvement in the offence as the juvenile and appropriate adult. The parent or guardian must also be allowed to speak to the juvenile and the appropriate adult if they wish. Provided the consent is fully informed and is not withdrawn, it may be obtained at any time before the procedure takes place. 2AB The Youth Justice and Criminal Evidence Act 1999 guidance “Achieving Best Evidence in Criminal Proceedings” indicates that a pre-trial support person should accompany a vulnerable witness during any identification procedure unless the witness states that they do not want a support person to be present. It states that this support person should not be (or not be likely to be) a witness in the investigation. 2B People who are seriously visually impaired or unable to read may be unwilling to sign police documents. The alternative, i.e. their representative signing on their behalf, seeks to protect the interests of both police and suspects. 2C Photographs, fingerprints, samples and impressions may be taken from a person detained under the terrorism provisions to help determine whether they are, or have been, involved in terrorism, as well as when there are reasonable grounds for suspecting their involvement in a particular offence. 2D The purpose of paragraph 2.18(b) is to protect those involved in serious organised crime investigations or arrests of particularly violent suspects when there is reliable information that those arrested or their associates may threaten or cause harm to the officers. In cases of doubt, an officer of inspector rank or above should be consulted. Codes of practice – Code D Identification of persons by police officers 10 D 3 Identification and recognition of suspects (A) Identification of a suspect by an eye-witness 3.0 This part applies when an eye-witness has seen the offender committing the crime or in any other circumstances which tend to prove or disprove the involvement of the person they saw in the crime, for example, close to the scene of the crime, immediately before or immediately after it was committed. It sets out the procedures to be used to test the ability of that eye-witness to identify a person suspected of involvement in the offence as the person they saw on the previous occasion. Except where stated, this part does not apply to the procedures described in Part B and Note 3AA. 3.1 A record shall be made of the suspect’s description as first given by a potential witness. This record must: (a) be made and kept in a form which enables details of that description to be accurately produced from it, in a visible and legible form, which can be given to the suspect or the suspect’s solicitor in accordance with this Code; and (b) unless otherwise specified, be made before the witness takes part in any identification procedures under paragraphs 3.5 to 3.10, 3.21 or 3.23. A copy of the record shall where practicable, be given to the suspect or their solicitor before any procedures under paragraphs 3.5 to 3.10, 3.21 or 3.23 are carried out. See Note 3E (a) Cases when the suspect’s identity is not known 3.2 In cases when the suspect’s identity is not known, a witness may be taken to a particular neighbourhood or place to see whether they can identify the person they saw on a previous occasion. Although the number, age, sex, race, general description and style of clothing of other people present at the location and the way in which any identification is made cannot be controlled, the principles applicable to the formal procedures under paragraphs 3.5 to 3.10 shall be followed as far as practicable. For example: (a) where it is practicable to do so, a record should be made of the witness’ description of the suspect, as in paragraph 3.1 (a), before asking the witness to make an identification; (b) care must be taken not to direct the witness’ attention to any individual unless, taking into account all the circumstances, this cannot be avoided. However, this does not prevent a witness being asked to look carefully at the people around at the time or to look towards a group or in a particular direction, if this Codes of practice – Code D Identification of persons by police officers 11 D appears necessary to make sure that the witness does not overlook a possible suspect simply because the witness is looking in the opposite direction and also to enable the witness to make comparisons between any suspect and others who are in the area; See Note 3F © where there is more than one witness, every effort should be made to keep them separate and witnesses should be taken to see whether they can identify a person independently; (d) once there is sufficient information to justify the arrest of a particular individual for suspected involvement in the offence, e.g., after a witness makes a positive identification, the provisions set out from paragraph 3.4 onwards shall apply for any other witnesses in relation to that individual.; (e) the officer or police staff accompanying the witness must record, in their pocket book, the action taken as soon as, and in as much detail, as possible. The record should include: the date, time and place of the relevant occasion the witness claims to have previously seen the suspect; where any identification was made; how it was made and the conditions at the time (e.g., the distance the witness was from the suspect, the weather and light); if the witness’s attention was drawn to the suspect; the reason for this; and anything said by the witness or the suspect about the identification or the conduct of the procedure. 3.3 A witness must not be shown photographs, computerised or artist’s composite likenesses or similar likenesses or pictures (including ‘E-fit’ images) if the identity of the suspect is known to the police and the suspect is available to take part in a video identification, an identification parade or a group identification. If the suspect’s identity is not known, the showing of such images to a witness to obtain identification evidence must be done in accordance with Annex E. (b) Cases when the suspect is known and available 3.4 If the suspect’s identity is known to the police and they are available, the identification procedures set out in paragraphs 3.5 to 3.10 may be used. References in this section to a suspect being ’known’ mean there is sufficient information known to the police to justify the arrest of a particular person for suspected involvement in the offence. A suspect being ’available’ means they are immediately available or will be within a reasonably short time and willing to take an effective part in at least one of the following which it is practicable to arrange: Codes of practice – Code D Identification of persons by police officers 12 D • video identification; • identification parade; or • group identification. Video identification 3.5 A ‘video identification’ is when the witness is shown moving images of a known suspect, together with similar images of others who resemble the suspect. Moving images must be used unless: • the suspect is known but not available (see paragraph 3.21 of this Code); or • in accordance with paragraph 2A of Annex A of this Code, the identification officer does not consider that replication of a physical feature can be achieved or that it is not possible to conceal the location of the feature on the image of the suspect.

 The identification officer may then decide to make use of video identification

but using still images. 3.6 Video identifications must be carried out in accordance with Annex A. Identification parade 3.7 An ‘identification parade’ is when the witness sees the suspect in a line of others who resemble the suspect. 3.8 Identification parades must be carried out in accordance with Annex B. Group identification 3.9 A ‘group identification’ is when the witness sees the suspect in an informal group of people. 3.10 Group identifications must be carried out in accordance with Annex C. Arranging eye-witness identification procedures 3.11 Except for the provisions in paragraph 3.19, the arrangements for, and conduct of, the identification procedures in paragraphs 3.5 to 3.10 and circumstances in which an identification procedure must be held shall be the responsibility of an officer not below inspector rank who is not involved with the investigation, ‘the identification officer’. Unless otherwise specified, the identification officer may allow another officer or police staff, see paragraph 2.21, to make arrangements for, and conduct, any of these identification procedures. In delegating these procedures, the identification officer Codes of practice – Code D Identification of persons by police officers 13 D must be able to supervise effectively and either intervene or be contacted for advice. No officer or any other person involved with the investigation of the case against the suspect, beyond the extent required by these procedures, may take any part in these procedures or act as the identification officer. This does not prevent the identification officer from consulting the officer in charge of the investigation to determine which procedure to use. When an identification procedure is required, in the interest of fairness to suspects and witnesses, it must be held as soon as practicable. Circumstances in which an eye-witness identification procedure must be held 3.12 Whenever: (i) an eye witness has identified a suspect or purported to have identified them prior to any identification procedure set out in paragraphs 3.5 to 3.10 having been held; or (ii) there is a witness available who expresses an ability to identify the suspect, or where there is a reasonable chance of the witness being able to do so, and they have not been given an opportunity to identify the suspect in any of the procedures set out in paragraphs 3.5 to 3.10, and the suspect disputes being the person the witness claims to have seen, an identification procedure shall be held unless it is not practicable or it would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence, for example: • where the suspect admits being at the scene of the crime and gives an account of what took place and the eye-witness does not see anything which contradicts that. • when it is not disputed that the suspect is already known to the witness who claims to have recognised them when seeing them commit the crime. 3.13 An eye-witness identification procedure may also be held if the officer in charge of the investigation considers it would be useful. Selecting an eye-witness identification procedure 3.14 If, because of paragraph 3.12, an identification procedure is to be held, the suspect shall initially be offered a video identification unless: (a) a video identification is not practicable; or Codes of practice – Code D Identification of persons by police officers 14 D (b) an identification parade is both practicable and more suitable than a video identification; or © paragraph 3.16 applies. The identification officer and the officer in charge of the investigation shall consult each other to determine which option is to be offered. An identification parade may not be practicable because of factors relating to the witnesses, such as their number, state of health, availability and travelling requirements. A video identification would normally be more suitable if it could be arranged and completed sooner than an identification parade. Before an option is offered the suspect must also be reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5. 3.15 A suspect who refuses the identification procedure first offered shall be asked to state their reason for refusing and may get advice from their solicitor and/or if present, their appropriate adult. The suspect, solicitor and/or appropriate adult shall be allowed to make representations about why another procedure should be used. A record should be made of the reasons for refusal and any representations made. After considering any reasons given, and representations made, the identification officer shall, if appropriate, arrange for the suspect to be offered an alternative which the officer considers suitable and practicable. If the officer decides it is not suitable and practicable to offer an alternative identification procedure, the reasons for that decision shall be recorded. 3.16 A group identification may initially be offered if the officer in charge of the investigation considers it is more suitable than a video identification or an identification parade and the identification officer considers it practicable to arrange. Notice to suspect 3.17 Unless paragraph 3.20 applies, before a video identification, an identification parade or group identification is arranged, the following shall be explained to the suspect: (i) the purposes of the video identification, identification parade or group identification; (ii) their entitlement to free legal advice; see Code C, paragraph 6.5; (iii) the procedures for holding it, including their right to have a solicitor or friend present; (iv) that they do not have to consent to or co-operate in a video identification, identification parade or group identification; Codes of practice – Code D Identification of persons by police officers 15 D (v) that if they do not consent to, and co-operate in, a video identification, identification parade or group identification, their refusal may be given in evidence in any subsequent trial and police may proceed covertly without their consent or make other arrangements to test whether a witness can identify them, see paragraph 3.21; (vi) whether, for the purposes of the video identification procedure, images of them have previously been obtained, see paragraph 3.20, and if so, that they may co-operate in providing further, suitable images to be used instead; (vii) if appropriate, the special arrangements for juveniles; (viii) if appropriate, the special arrangements for mentally disordered or otherwise mentally vulnerable people; (ix) that if they significantly alter their appearance between being offered an identification procedure and any attempt to hold an identification procedure, this may be given in evidence if the case comes to trial, and the identification officer may then consider other forms of identification, see paragraph 3.21 and Note 3C; (x) that a moving image or photograph may be taken of them when they attend for any identification procedure; (xi) whether, before their identity became known, the witness was shown photographs, a computerised or artist’s composite likeness or similar likeness or image by the police, see Note 3B; (xii) that if they change their appearance before an identification parade, it may not be practicable to arrange one on the day or subsequently and, because of the appearance change, the identification officer may consider alternative methods of identification, see Note 3C; (xiii) that they or their solicitor will be provided with details of the description of the suspect as first given by any witnesses who are to attend the video identification, identification parade, group identification or confrontation, see paragraph 3.1. 3.18 This information must also be recorded in a written notice handed to the suspect. The suspect must be given a reasonable opportunity to read the notice, after which, they should be asked to sign a second copy to indicate if they are willing to co-operate with the making of a video or take part in the identification parade or group identification. The signed copy shall be retained by the identification officer. Codes of practice – Code D Identification of persons by police officers 16 D 3.19 The duties of the identification officer under paragraphs 3.17 and 3.18 may be performed by the custody officer or other officer not involved in the investigation if: (a) it is proposed to release the suspect in order that an identification procedure can be arranged and carried out and an inspector is not available to act as the identification officer, see paragraph 3.11, before the suspect leaves the station; or (b) it is proposed to keep the suspect in police detention whilst the procedure is arranged and carried out and waiting for an inspector to act as the identification officer, see paragraph 3.11, would cause unreasonable delay to the investigation. The officer concerned shall inform the identification officer of the action taken and give them the signed copy of the notice. See Note 3C 3.20 If the identification officer and officer in charge of the investigation suspect, on reasonable grounds that if the suspect was given the information and notice as in paragraphs 3.17 and 3.18, they would then take steps to avoid being seen by a witness in any identification procedure, the identification officer may arrange for images of the suspect suitable for use in a video identification procedure to be obtained before giving the information and notice. If suspect’s images are obtained in these circumstances, the suspect may, for the purposes of a video identification procedure, co-operate in providing new images which if suitable, would be used instead, see paragraph 3.17(vi). © Cases when the suspect is known but not available 3.21 When a known suspect is not available or has ceased to be available, see paragraph 3.4, the identification officer may make arrangements for a video identification (see Annex A). If necessary, the identification officer may follow the video identification procedures but using still images. Any suitable moving or still images may be used and these may be obtained covertly if necessary. Alternatively, the identification officer may make arrangements for a group identification. See Note 3D. These provisions may also be applied to juveniles where the consent of their parent or guardian is either refused or reasonable efforts to obtain that consent have failed. (see paragraph 2.12). 3.22 Any covert activity should be strictly limited to that necessary to test the ability of the witness to identify the suspect. 3.23 The identification officer may arrange for the suspect to be confronted by the witness if none of the options referred to in paragraphs 3.5 to 3.10 or 3.21 are practicable. A “confrontation” is when the suspect is directly confronted by the witness. A confrontation does not require the suspect’s consent. Confrontations must be carried out in accordance with Annex D. Codes of practice – Code D Identification of persons by police officers 17 D 3.24 Requirements for information to be given to, or sought from, a suspect or for the suspect to be given an opportunity to view images before they are shown to a witness, do not apply if the suspect’s lack of co-operation prevents the necessary action. (d) Documentation 3.25 A record shall be made of the video identification, identification parade, group identification or confrontation on forms provided for the purpose. 3.26 If the identification officer considers it is not practicable to hold a video identification or identification parade requested by the suspect, the reasons shall be recorded and explained to the suspect. 3.27 A record shall be made of a person’s failure or refusal to co-operate in a video identification, identification parade or group identification and, if applicable, of the grounds for obtaining images in accordance with paragraph 3.20. (e) Showing films and photographs of incidents and information released to the media 3.28 Nothing in this Code inhibits showing films, photographs or other images to the public through the national or local media, or to police officers for the purposes of recognition and tracing suspects. However, when such material is shown to obtain evidence of recognition, the procedures in Part B will apply. See Note 3AA. 3.29 When a broadcast or publication is made, see paragraph 3.28, a copy of the relevant material released to the media for the purposes of recognising or tracing the suspect, shall be kept. The suspect or their solicitor shall be allowed to view such material before any eye-witness identification procedures under paragraphs 3.5 to 3.10, 3.21 or 3.23 of Part A are carried out, provided it is practicable and would not unreasonably delay the investigation. Each eye-witness involved in the procedure shall be asked, after they have taken part, whether they have seen any film, photograph or image relating to the offence or any description of the suspect which has been broadcast or published in any national or local media or on any social networking site and if they have, they should be asked to give details of the circumstances, such as the date and place as relevant. Their replies shall be recorded. This paragraph does not affect any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations. Codes of practice – Code D Identification of persons by police officers 18 D (f) Destruction and retention of photographs taken or used in eye-witness identification procedures 3.30 PACE, section 64A, see paragraph 5.12, provides powers to take photographs of suspects and allows these photographs to be used or disclosed only for purposes related to the prevention or detection of crime, the investigation of offences or the conduct of prosecutions by, or on behalf of, police or other law enforcement and prosecuting authorities inside and outside the United Kingdom or the enforcement of a sentence. After being so used or disclosed, they may be retained but can only be used or disclosed for the same purposes. 3.31 Subject to paragraph 3.33, the photographs (and all negatives and copies), of suspects not taken in accordance with the provisions in paragraph 5.12 which are taken for the purposes of, or in connection with, the identification procedures in paragraphs 3.5 to 3.10, 3.21 or 3.23 must be destroyed unless the suspect: (a) is charged with, or informed they may be prosecuted for, a recordable offence; (b) is prosecuted for a recordable offence; © is cautioned for a recordable offence or given a warning or reprimand in accordance with the Crime and Disorder Act 1998 for a recordable offence; or (d) gives informed consent, in writing, for the photograph or images to be retained for purposes described in paragraph 3.30. 3.32 When paragraph 3.31 requires the destruction of any photograph, the person must be given an opportunity to witness the destruction or to have a certificate confirming the destruction if they request one within five days of being informed that the destruction is required. 3.33 Nothing in paragraph 3.31 affects any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations. (B) Evidence of recognition by showing films, photographs and other images 3.34 This Part of this section applies when, for the purposes of obtaining evidence of recognition, any person, including a police officer: (a) views the image of an individual in a film, photograph or any other visual medium; and (b) is asked whether they recognise that individual as someone who is known to them. Codes of practice – Code D Identification of persons by police officers 19 D See Notes 3AA and 3G 3.35 The films, photographs and otherimages shall be shown on an individual basis to avoid any possibility of collusion and to provide safeguards against mistaken recognition (see Note 3G), the showing shall as far as possible follow the principles for video identification if the suspect is known, see Annex A, or identification by photographs if the suspect is not known, see Annex E. 3.36 A record of the circumstances and conditions under which the person is given an opportunity to recognise the individual must be made and the record must include: (a) Whether the person knew or was given information concerning the name or identity of any suspect. (b) What the person has been told before the viewing about the offence, the person(s) depicted in the images or the offender and by whom. © How and by whom the witness was asked to view the image or look at the individual. (d) Whether the viewing was alone or with others and if with others, the reason for it. (e) The arrangements under which the person viewed the film or saw the individual and by whom those arrangements were made. (f) Whether the viewing of any images was arranged as part of a mass circulation to police and the public or for selected persons. (g) The date time and place images were viewed or further viewed or the individual was seen. (h) The times between which the images were viewed or the individual was seen. (i) How the viewing of images or sighting of the individual was controlled and by whom. (j) Whether the person was familiar with the location shown in any images or the place where they saw the individual and if so, why. (k) Whether or not on this occasion, the person claims to recognise any image shown, or any individual seen, as being someone known to them, and if they do: (i) the reason (ii) the words of recognition Codes of practice – Code D Identification of persons by police officers 20 D (iii) any expressions of doubt (iv) what features of the image or the individual triggered the recognition. 3.37 The record under paragraph 3.36 may be made by: • the person who views the image or sees the individual and makes the recognition. • the officer or police staff in charge of showing the images to the person or in charge of the conditions under which the person sees the individual. Notes for guidance 3AA The eye-witness identification procedures in Part A should not be used to test whether a witness can recognise a person as someone they know and would be able to give evidence of recognition along the lines that “On (describe date, time location) I saw an image of an individual who I recognised as AB.” In these cases, the procedures in Part B shall apply. 3A Except for the provisions of Annex E, paragraph 1, a police officer who is a witness for the purposes of this part of the Code is subject to the same principles and procedures as a civilian witness. 3B When a witness attending an identification procedure has previously been shown photographs, or been shown or provided with computerised or artist’s composite likenesses, or similar likenesses or pictures, it is the officer in charge of the investigation’s responsibility to make the identification officer aware of this. 3C The purpose of paragraph 3.19 is to avoid or reduce delay in arranging identification procedures by enabling the required information and warnings, see sub-paragraphs 3.17(ix) and 3.17(xii), to be given at the earliest opportunity. 3D Paragraph 3.21 would apply when a known suspect deliberately makes themselves ‘unavailable’ in order to delay or frustrate arrangements for obtaining identification evidence. It also applies when a suspect refuses or fails to take part in a video identification, an identification parade or a group identification, or refuses or fails to take part in the only practicable options from that list. It enables any suitable images of the suspect, moving or still, which are available or can be obtained, to be used in an identification procedure. Examples include images from custody and other CCTV systems and from visually recorded interview records, see Code F Note for Guidance 2D. Codes of practice – Code D Identification of persons by police officers 21 D 3E When it is proposed to show photographs to a witness in accordance with Annex E, it is the responsibility of the officer in charge of the investigation to confirm to the officer responsible for supervising and directing the showing, that the first description of the suspect given by that witness has been recorded. If this description has not been recorded, the procedure under Annex E must be postponed. See Annex E paragraph 2 3F The admissibility and value of identification evidence obtained when carrying out the procedure under paragraph 3.2 may be compromised if: (a) before a person is identified, the witness’ attention is specifically drawn to that person; or (b) the suspect’s identity becomes known before the procedure. 3G The admissibility and value of evidence of recognition obtained when carrying out the procedures in Part B may be compromised if before the person is recognised, the witness who has claimed to know them is given or is made, or becomes aware of, information about the person which was not previously known to them personally but which they have purported to rely on to support their claim that the person is in fact known to them. 4 Identification by fingerprints and footwear impressions (A) Taking fingerprints in connection with a criminal investigation (a) General 4.1 References to ‘fingerprints’ means any record, produced by any method, of the skin pattern and other physical characteristics or features of a person’s: (i) fingers; or (ii) palms. (b) Action 4.2 A person’s fingerprints may be taken in connection with the investigation of an offence only with their consent or if paragraph 4.3 applies. If the person is at a police station consent must be in writing. 4.3 PACE, section 61, provides powers to take fingerprints without consent from any person over the age of ten years: (a) under section 61(3), from a person detained at a police station in consequence of being arrested for a recordable offence, see Note 4A, if they have not had Codes of practice – Code D Identification of persons by police officers 22 D their fingerprints taken in the course of the investigation of the offence unless those previously taken fingerprints are not a complete set or some or all of those fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching. (b) under section 61(4), from a person detained at a police station who has been charged with a recordable offence, see Note 4A, or informed they will be reported for such an offence if they have not had their fingerprints taken in the course of the investigation of the offence unless those previously taken fingerprints are not a complete set or some or all of those fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching. © under section 61(4A), from a person who has been bailed to appear at a court or police station if the person: (i) has answered to bail for a person whose fingerprints were taken previously and there are reasonable grounds for believing they are not the same person; or (ii) who has answered to bail claims to be a different person from a person whose fingerprints were previously taken; and in either case, the court or an officer of inspector rank or above, authorises the fingerprints to be taken at the court or police station (an inspector’s authority may be given in writing or orally and confirmed in writing, as soon as practicable); (ca) under section 61(5A) from a person who has been arrested for a recordable offence and released if the person: (i) is on bail and has not had their fingerprints taken in the course of the investigation of the offence, or; (ii) has had their fingerprints taken in the course of the investigation of the offence, but they do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching. (cb) under section 61(5B) from a person not detained at a police station who has been charged with a recordable offence or informed they will be reported for such an offence if they have not had their fingerprints taken in the course of the investigation or their fingerprints have been taken in the course of the investigation of the offence, but they do not constitute a complete set or Codes of practice – Code D Identification of persons by police officers 23 D some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching. (d) under section 61(6), from a person who has been: (i) convicted of a recordable offence; (ii) given a caution in respect of a recordable offence which, at the time of the caution, the person admitted; or (iii) warned or reprimanded under the Crime and Disorder Act 1998, section 65, for a recordable offence, if, since their conviction, caution, warning or reprimand their fingerprints have not been taken or their fingerprints which have been taken since then do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching, and in either case, an officer of inspector rank or above, is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime and authorises the taking; (e) under section 61(6A) from a person a constable reasonably suspects is committing or attempting to commit, or has committed or attempted to commit, any offence if either: • the person’s name is unknown and cannot be readily ascertained by the constable; or • the constable has reasonable grounds for doubting whether a name given by the person is their real name. Note: fingerprints taken under this power are not regarded as having been taken in the course of the investigation of an offence. [See Note 4C] (f) under section 61(6D) from a person who has been convicted outside England and Wales of an offence which if committed in England and Wales would be a qualifying offence as defined by PACE, section 65A (see Note 4AB) if: (i) the person’s fingerprints have not been taken previously under this power or their fingerprints have been so taken on a previous occasion but they do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching; and Codes of practice – Code D Identification of persons by police officers 24 D (ii) a police officer of inspector rank or above is satisfied that taking fingerprints is necessary to assist in the prevention or detection of crime and authorises them to be taken. 4.4 PACE, section 63A(4) and Schedule 2A provide powers to: (a) make a requirement (in accordance with Annex G) for a person to attend a police station to have their fingerprints taken in the exercise of certain powers in paragraph 4.3 above when that power applies at the time the fingerprints would be taken in accordance with the requirement. Those powers are: (i) section 61(5A) – Persons arrested for a recordable offence and released, see paragraph 4.3(ca): The requirement may not be made more than six months from the day the investigating officer was informed that the fingerprints previously taken were incomplete or below standard. (ii) section 61(5B) – Persons charged etc. with a recordable offence, see paragraph 4.3(cb): The requirement may not be made more than six months from: • the day the person was charged or reported if fingerprints have not been taken since then; or • the day the investigating officer was informed that the fingerprints previously taken were incomplete or below standard. (iii) section 61(6) – Person convicted, cautioned, warned or reprimanded for a recordable offence in England and Wales, see paragraph 4.3(d): Where the offence for which the person was convicted etc is also a qualifying offence (see Note 4AB), there is no time limit for the exercise of this power. Where the conviction etc. is for a recordable offence which is not a qualifying offence, the requirement may not be made more than two years from: • the day the person was convicted, cautioned, warned or reprimanded, or the day Schedule 2A comes into force (if later), if fingerprints have not been taken since then; or • the day an officer from the force investigating the offence was informed that the fingerprints previously taken were incomplete or below standard or the day Schedule 2A comes into force (if later). (v) section 61(6D) – A person who has been convicted of a qualifying offence (see Note 4AB) outside England and Wales, see paragraph 4.3(g): There is no time limit for making the requirement. Codes of practice – Code D Identification of persons by police officers 25 D Note: A person who has had their fingerprints taken under any of the powers in section 61 mentioned in paragraph 4.3 on two occasions in relation to any offence may not be required under Schedule 2A to attend a police station for their fingerprints to be taken again under section 61 in relation to that offence, unless authorised by an officer of inspector rank or above. The fact of the authorisation and the reasons for giving it must be recorded as soon as practicable. (b) arrest, without warrant, a person who fails to comply with the requirement. 4.5 A person’s fingerprints may be taken, as above, electronically. 4.6 Reasonable force may be used, if necessary, to take a person’s fingerprints without their consent under the powers as in paragraphs 4.3 and 4.4. 4.7 Before any fingerprints are taken: (a) without consent under any power mentioned in paragraphs 4.3 and 4.4 above, the person must be informed of: (i) the reason their fingerprints are to be taken; (ii) the power under which they are to be taken; and (iii) the fact that the relevant authority has been given if any power mentioned in paragraph 4.3©, (d) or (f) applies (b) with or without consent at a police station or elsewhere, the person must be informed: (i) that their fingerprints may be subject of a speculative search against other fingerprints, see Note 4B; and (ii) that their fingerprints may be retained in accordance with Annex F, Part (a) unless they were taken under the power mentioned in paragraph 4.3(e) when they must be destroyed after they have being checked (See Note 4C). © Documentation 4.8A A record must be made as soon as practicable after the fingerprints are taken, of: • the matters in paragraph 4.7(a)(i) to (iii) and the fact that the person has been informed of those matters; and • the fact that the person has been informed of the matters in paragraph 4.7(b) (i) and (ii). Codes of practice – Code D Identification of persons by police officers 26 D The record must be made in the person’s custody record if they are detained at a police station when the fingerprints are taken. 4.8 If force is used, a record shall be made of the circumstances and those present. 4.9 Not used (B) Taking fingerprints in connection with immigration enquiries Action 4.10 A person’s fingerprints may be taken and retained for the purposes of immigration law enforcement and control in accordance with powers and procedures other than under PACE and for which the UK Border Agency (not the police) are responsible. Details of these powers and procedures which are under the Immigration Act 1971, Schedule 2 and Immigration and Asylum Act 1999, section 141, including modifications to the PACE Codes of Practice are contained in Chapter 24 of the Operational Instructions and Guidance manual which is published by the UK Border Agency (See Note 4D). 4.11 Not used 4.12 Not used 4.13 Not used 4.14 Not used 4.15 Not used (C) Taking footwear impressions in connection with a criminal investigation (a) Action 4.16 Impressions of a person’s footwear may be taken in connection with the investigation of an offence only with their consent or if paragraph 4.17 applies. If the person is at a police station consent must be in writing. 4.17 PACE, section 61A, provides power for a police officer to take footwear impressions without consent from any person over the age of ten years who is detained at a police station: (a) in consequence of being arrested for a recordable offence, see Note 4A; or if the detainee has been charged with a recordable offence, or informed they will be reported for such an offence; and (b) the detainee has not had an impression of their footwear taken in the course of the investigation of the offence unless the previously taken impression is not Codes of practice – Code D Identification of persons by police officers 27 D complete or is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally). 4.18 Reasonable force may be used, if necessary, to take a footwear impression from a detainee without consent under the power in paragraph 4.17. 4.19 Before any footwear impression is taken with, or without, consent as above, the person must be informed: (a) of the reason the impression is to be taken; (b) that the impression may be retained and may be subject of a speculative search against other impressions, see Note 4B, unless destruction of the impression is required in accordance with Annex F, Part (a); and © that if their footwear impressions are required to be destroyed, they may witness their destruction as provided for in Annex F, Part (a). (b) Documentation 4.20 A record must be made as soon as possible, of the reason for taking a person’s footwear impressions without consent. If force is used, a record shall be made of the circumstances and those present. 4.21 A record shall be made when a person has been informed under the terms of paragraph 4.19(b), of the possibility that their footwear impressions may be subject of a speculative search. Notes for guidance 4A References to ‘recordable offences’ in this Code relate to those offences for which convictions, cautions, reprimands and warnings may be recorded in national police records. See PACE, section 27(4). The recordable offences current at the time when this Code was prepared, are any offences which carry a sentence of imprisonment on conviction (irrespective of the period, or the age of the offender or actual sentence passed) as well as the non-imprisonable offences under the Vagrancy Act 1824 sections 3 and 4 (begging and persistent begging), the Street Offences Act 1959, section 1 (loitering or soliciting for purposes of prostitution), the Road Traffic Act 1988, section 25 (tampering with motor vehicles), the Criminal Justice and Public Order Act 1994, section 167 (touting for hire car services) and others listed in the National Police Records (Recordable Offences) Regulations 2000 as amended. 4AB A qualifying offence is one of the offences specified in PACE, section 65A. These indictable offences which concern the use or threat of violence or unlawful force Codes of practice – Code D Identification of persons by police officers 28 D against persons, sexual offences and offences against children include, for example, murder, manslaughter, false imprisonment, kidnapping and other offences such as: • sections 4, 16, 18, 20 to 24 or 47 of the Offences Against the Person Act 1861; • sections 16 to 18 of the Firearms Act 1968; • sections 9 or 10 of the Theft Act 1968 or under section 12A of that Act involving an accident which caused a person’s death; • section 1 of the Criminal Damage Act 1971 required to be charged as arson; • section 1 of the Protection of Children Act 1978 and; • 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. 4B Fingerprints, footwear impressions or a DNA sample (and the information derived from it) taken from a person arrested on suspicion of being involved in a recordable offence, or charged with such an offence, or informed they will be reported for such an offence, may be subject of a speculative search. This means the fingerprints, footwear impressions or DNA sample may be checked against other fingerprints, footwear impressions and DNA records held by, or on behalf of, the police and other law enforcement authorities in, or outside, the UK, or held in connection with, or as a result of, an investigation of an offence inside or outside the UK. Fingerprints, footwear impressions and samples taken from a person suspected of committing a recordable offence but not arrested, charged or informed they will be reported for it, may be subject to a speculative search only if the person consents in writing. The following is an example of a basic form of words: “I consent to my fingerprints, footwear impressions and DNA sample and information derived from it being retained and used only for purposes related to the prevention and detection of a crime, the investigation of an offence or the conduct of a prosecution either nationally or internationally. I understand that my fingerprints, footwear impressions or DNA sample may be checked against other fingerprint, footwear impressions and DNA records held by or on behalf of relevant law enforcement authorities, either nationally or internationally. I understand that once I have given my consent for my fingerprints, footwear impressions or DNA sample to be retained and used I cannot withdraw this consent.” Codes of practice – Code D Identification of persons by police officers 29 D See Annex F regarding the retention and use of fingerprints and footwear impressions taken with consent for elimination purposes. 4C The power under section 61(6A) of PACE described in paragraph 4.3(e) allows fingerprints of a suspect who has not been arrested to be taken in connection with any offence (whether recordable or not) using a mobile device and then checked on the street against the database containing the national fingerprint collection. Fingerprints taken under this power cannot be retained after they have been checked. The results may make an arrest for the suspected offence based on the name condition unnecessary (See Code G paragraph 2.9(a)) and enable the offence to be disposed of without arrest, for example, by summons/charging by post, penalty notice or words of advice. If arrest for a non-recordable offence is necessary for any other reasons, this power may also be exercised at the station. Before the power is exercised, the officer should: • inform the person of the nature of the suspected offence and why they are suspected of committing it. • give them a reasonable opportunity to establish their real name before deciding that their name is unknown and cannot be readily ascertained or that there are reasonable grounds to doubt that a name they have given is their real name. • as applicable, inform the person of the reason why their name is not know and cannot be readily ascertained or of the grounds for doubting that a name they have given is their real name, including, for example, the reason why a particular document the person has produced to verify their real name, is not sufficient. 4D Powers to take fingerprints without consent for immigration purposes are given to police and immigration officers under the: (a) Immigration Act 1971, Schedule 2, paragraph 18(2), when it is reasonably necessary for the purposes of identifying a person detained under the Immigration Act 1971, Schedule 2, paragraph 16 (Detention of person liable to examination or removal), and (b) Immigration and Asylum Act 1999, section 141(7) when a person: • fails without reasonable excuse to produce, on arrival, a valid passport with a photograph or some other document satisfactorily establishing their identity and nationality; • is refused entry to the UK but is temporarily admitted if an immigration officer reasonably suspects the person might break a residence or reporting condition; Codes of practice – Code D Identification of persons by police officers 30 D • is subject to directions for removal from the UK; • has been arrested under the Immigration Act 1971, Schedule 2, paragraph 17; • has made a claim for asylum • is a dependant of any of the above. The Immigration and Asylum Act 1999, section 142(3), also gives police and immigration officers power to arrest without warrant, a person who fails to comply with a requirement imposed by the Secretary of State to attend a specified place for fingerprinting. 5 Examinations to establish identity and the taking of photographs (A) Detainees at police stations (a) Searching or examination of detainees at police stations 5.1 PACE, section 54A(1), allows a detainee at a police station to be searched or examined or both, to establish: (a) whether they have any marks, features or injuries that would tend to identify them as a person involved in the commission of an offence and to photograph any identifying marks, see paragraph 5.5; or (b) their identity, see Note 5A. A person detained at a police station to be searched under a stop and search power, see Code A, is not a detainee for the purposes of these powers. 5.2 A search and/or examination to find marks under section 54A (1) (a) may be carried out without the detainee’s consent, see paragraph 2.12, only if authorised by an officer of at least inspector rank when consent has been withheld or it is not practicable to obtain consent, see Note 5D. 5.3 A search or examination to establish a suspect’s identity under section 54A (1) (b) may be carried out without the detainee’s consent, see paragraph 2.12, only if authorised by an officer of at least inspector rank when the detainee has refused to identify themselves or the authorising officer has reasonable grounds for suspecting the person is not who they claim to be. 5.4 Any marks that assist in establishing the detainee’s identity, or their identification as a person involved in the commission of an offence, are identifying marks. Such marks may be photographed with the detainee’s consent, see paragraph 2.12; or without Codes of practice – Code D Identification of persons by police officers 31 D their consent if it is withheld or it is not practicable to obtain it, see Note 5D. 5.5 A detainee may only be searched, examined and photographed under section 54A, by a police officer of the same sex. 5.6 Any photographs of identifying marks, taken under section 54A, may be used or disclosed only for purposes related to the prevention or detection of crime, the investigation of offences or the conduct of prosecutions by, or on behalf of, police or other law enforcement and prosecuting authorities inside, and outside, the UK. After being so used or disclosed, the photograph may be retained but must not be used or disclosed except for these purposes, see Note 5B. 5.7 The powers, as in paragraph 5.1, do not affect any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations. 5.8 Authority for the search and/or examination for the purposes of paragraphs 5.2 and 5.3 may be given orally or in writing. If given orally, the authorising officer must confirm it in writing as soon as practicable. A separate authority is required for each purpose which applies. 5.9 If it is established a person is unwilling to co-operate sufficiently to enable a search and/or examination to take place or a suitable photograph to be taken, an officer may use reasonable force to: (a) search and/or examine a detainee without their consent; and (b) photograph any identifying marks without their consent. 5.10 The thoroughness and extent of any search or examination carried out in accordance with the powers in section 54A must be no more than the officer considers necessary to achieve the required purpose. Any search or examination which involves the removal of more than the person’s outer clothing shall be conducted in accordance with Code C, Annex A, paragraph 11. 5.11 An intimate search may not be carried out under the powers in section 54A. (b) Photographing detainees at police stations and other persons elsewhere than at a police station 5.12 Under PACE, section 64A, an officer may photograph: (a) any person whilst they are detained at a police station; and (b) any person who is elsewhere than at a police station and who has been: Codes of practice – Code D Identification of persons by police officers 32 D (i) arrested by a constable for an offence; (ii) taken into custody by a constable after being arrested for an offence by a person other than a constable; (iii) made subject to a requirement to wait with a community support officer under paragraph 2(3) or (3B) of Schedule 4 to the Police Reform Act 2002; (iiia) given a direction by a constable under section 27 of the Violent Crime Reduction Act 2006. (iv) given a penalty notice by a constable in uniform under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988; (v) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 4 to the Police Reform Act 2002) by a community support officer by virtue of a designation applying that paragraph to him; (vi) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the Police Reform Act 2002) by an accredited person by virtue of accreditation specifying that that paragraph applies to him; or (vii) given a direction to leave and not return to a specified location for up to 48 hours by a police constable (under section 27 of the Violent Crime Reduction Act 2006). 5.12A Photographs taken under PACE, section 64A: (a) may be taken with the person’s consent, or without their consent if consent is withheld or it is not practicable to obtain their consent, see Note 5E; and (b) may be used or disclosed only for purposes related to the prevention or detection of crime, the investigation of offences or the conduct of prosecutions by, or on behalf of, police or other law enforcement and prosecuting authorities inside and outside the United Kingdom or the enforcement of any sentence or order made by a court when dealing with an offence. After being so used or disclosed, they may be retained but can only be used or disclosed for the same purposes. See Note 5B. Codes of practice – Code D Identification of persons by police officers 33 D 5.13 The officer proposing to take a detainee’s photograph may, for this purpose, require the person to remove any item or substance worn on, or over, all, or any part of, their head or face. If they do not comply with such a requirement, the officer may remove the item or substance. 5.14 If it is established the detainee is unwilling to co-operate sufficiently to enable a suitable photograph to be taken and it is not reasonably practicable to take the photograph covertly, an officer may use reasonable force, see Note 5F. (a) to take their photograph without their consent; and (b) for the purpose of taking the photograph, remove any item or substance worn on, or over, all, or any part of, the person’s head or face which they have failed to remove when asked. 5.15 For the purposes of this Code, a photograph may be obtained without the person’s consent by making a copy of an image of them taken at any time on a camera system installed anywhere in the police station. © Information to be given 5.16 When a person is searched, examined or photographed under the provisions as in paragraph 5.1 and 5.12, or their photograph obtained as in paragraph 5.15, they must be informed of the: (a) purpose of the search, examination or photograph; (b) grounds on which the relevant authority, if applicable, has been given; and © purposes for which the photograph may be used, disclosed or retained. This information must be given before the search or examination commences or the photograph is taken, except if the photograph is: (i) to be taken covertly; (ii) obtained as in paragraph 5.15, in which case the person must be informed as soon as practicable after the photograph is taken or obtained. (d) Documentation 5.17 A record must be made when a detainee is searched, examined, or a photograph of the person, or any identifying marks found on them, are taken. The record must include the: (a) identity, subject to paragraph 2.18, of the officer carrying out the search, examination or taking the photograph; Codes of practice – Code D Identification of persons by police officers 34 D (b) purpose of the search, examination or photograph and the outcome; © detainee’s consent to the search, examination or photograph, or the reason the person was searched, examined or photographed without consent; (d) giving of any authority as in paragraphs 5.2 and 5.3, the grounds for giving it and the authorising officer. 5.18 If force is used when searching, examining or taking a photograph in accordance with this section, a record shall be made of the circumstances and those present. (B) Persons at police stations not detained 5.19 When there are reasonable grounds for suspecting the involvement of a person in a criminal offence, but that person is at a police station voluntarily and not detained, the provisions of paragraphs 5.1 to 5.18 should apply, subject to the modifications in the following paragraphs. 5.20 References to the ‘person being detained’ and to the powers mentioned in paragraph 5.1 which apply only to detainees at police stations shall be omitted. 5.21 Force may not be used to: (a) search and/or examine the person to: (i) discover whether they have any marks that would tend to identify them as a person involved in the commission of an offence; or (ii) establish their identity, see Note 5A; (b) take photographs of any identifying marks, see paragraph 5.4; or © take a photograph of the person. 5.22 Subject to paragraph 5.24, the photographs of persons or of their identifying marks which are not taken in accordance with the provisions mentioned in paragraphs 5.1 or 5.12, must be destroyed (together with any negatives and copies) unless the person: (a) is charged with, or informed they may be prosecuted for, a recordable offence; (b) is prosecuted for a recordable offence; © is cautioned for a recordable offence or given a warning or reprimand in accordance with the Crime and Disorder Act 1998 for a recordable offence; or (d) gives informed consent, in writing, for the photograph or image to be retained as in paragraph 5.6. Codes of practice – Code D Identification of persons by police officers 35 D 5.23 When paragraph 5.22 requires the destruction of any photograph, the person must be given an opportunity to witness the destruction or to have a certificate confirming the destruction provided they so request the certificate within five days of being informed the destruction is required. 5.24 Nothing in paragraph 5.22 affects any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations. Notes for guidance 5A The conditions under which fingerprints may be taken to assist in establishing a person’s identity, are described in Section 4. 5B Examples of purposes related to the prevention or detection of crime, the investigation of offences or the conduct of prosecutions include: (a) checking the photograph against other photographs held in records or in connection with, or as a result of, an investigation of an offence to establish whether the person is liable to arrest for other offences; (b) when the person is arrested at the same time as other people, or at a time when it is likely that other people will be arrested, using the photograph to help establish who was arrested, at what time and where; © when the real identity of the person is not known and cannot be readily ascertained or there are reasonable grounds for doubting a name and other personal details given by the person, are their real name and personal details. In these circumstances, using or disclosing the photograph to help to establish or verify their real identity or determine whether they are liable to arrest for some other offence, e.g. by checking it against other photographs held in records or in connection with, or as a result of, an investigation of an offence; (d) when it appears any identification procedure in section 3 may need to be arranged for which the person’s photograph would assist; (e) when the person’s release without charge may be required, and if the release is: (i) on bail to appear at a police station, using the photograph to help verify the person’s identity when they answer their bail and if the person does not answer their bail, to assist in arresting them; or (ii) without bail, using the photograph to help verify their identity or assist in locating them for the purposes of serving them with a summons to appear at court in criminal proceedings; Codes of practice – Code D Identification of persons by police officers 36 D (f) when the person has answered to bail at a police station and there are reasonable grounds for doubting they are the person who was previously granted bail, using the photograph to help establish or verify their identity; (g) when the person arrested on a warrant claims to be a different person from the person named on the warrant and a photograph would help to confirm or disprove their claim; (h) when the person has been charged with, reported for, or convicted of, a recordable offence and their photograph is not already on record as a result of (a) to (f) or their photograph is on record but their appearance has changed since it was taken and the person has not yet been released or brought before a court. 5C There is no power to arrest a person convicted of a recordable offence solely to take their photograph. The power to take photographs in this section applies only where the person is in custody as a result of the exercise of another power, e.g. arrest for fingerprinting under PACE, section 27. 5D Examples of when it would not be practicable to obtain a detainee’s consent, see paragraph 2.12, to a search, examination or the taking of a photograph of an identifying mark include: (a) when the person is drunk or otherwise unfit to give consent; (b) when there are reasonable grounds to suspect that if the person became aware a search or examination was to take place or an identifying mark was to be photographed, they would take steps to prevent this happening, e.g. by violently resisting, covering or concealing the mark etc and it would not otherwise be possible to carry out the search or examination or to photograph any identifying mark; © in the case of a juvenile, if the parent or guardian cannot be contacted in sufficient time to allow the search or examination to be carried out or the photograph to be taken. 5E Examples of when it would not be practicable to obtain the person’s consent, see paragraph 2.12, to a photograph being taken include: (a) when the person is drunk or otherwise unfit to give consent; (b) when there are reasonable grounds to suspect that if the person became aware a photograph, suitable to be used or disclosed for the use and disclosure described in paragraph 5.6, was to be taken, they would take steps to prevent it being taken, e.g. by violently resisting, covering or distorting their face etc, and it would not otherwise be possible to take a suitable photograph; Codes of practice – Code D Identification of persons by police officers 37 D © when, in order to obtain a suitable photograph, it is necessary to take it covertly; and (d) in the case of a juvenile, if the parent or guardian cannot be contacted in sufficient time to allow the photograph to be taken. 5F The use of reasonable force to take the photograph of a suspect elsewhere than at a police station must be carefully considered. In order to obtain a suspect’s consent and co-operation to remove an item of religious headwear to take their photograph, a constable should consider whether in the circumstances of the situation the removal of the headwear and the taking of the photograph should be by an officer of the same sex as the person. It would be appropriate for these actions to be conducted out of public view. 6 Identification by body samples and impressions (A) General 6.1 References to: (a) an ‘intimate sample’ mean a dental impression or sample of blood, semen or any other tissue fluid, urine, or pubic hair, or a swab taken from any part of a person’s genitals or from a person’s body orifice other than the mouth; (b) a ‘non-intimate sample’ means: (i) a sample of hair, other than pubic hair, which includes hair plucked with the root, see Note 6A; (ii) a sample taken from a nail or from under a nail; (iii) 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; (iv) saliva; (v) a skin impression which means any record, other than a fingerprint, which is a record, in any form and produced by any method, of the skin pattern and other physical characteristics or features of the whole, or any part of, a person’s foot or of any other part of their body. (B) Action (a) Intimate samples Codes of practice – Code D Identification of persons by police officers 38 D 6.2 PACE, section 62, provides that intimate samples may be taken under: (a) section 62(1), from a person in police detention only: (i) if a police officer of inspector rank or above has reasonable grounds to believe such an impression or sample will tend to confirm or disprove the suspect’s involvement in a recordable offence, see Note 4A, and gives authorisation for a sample to be taken; and (ii) with the suspect’s written consent; (b) section 62(1A), from a person not in police detention but from whom two or more non-intimate samples have been taken in the course of an investigation of an offence and the samples, though suitable, have proved insufficient if: (i) a police officer of inspector rank or above authorises it to be taken; and (ii) the person concerned gives their written consent. See Notes 6B and 6C © section 62(2A), from a person convicted outside England and Wales of an offence which if committed in England and Wales would be qualifying offence as defined by PACE, section 65A (see Note 4AB) from whom two or more nonintimate samples taken under section 63(3E) (see paragraph 6.6(h) have proved insufficient if: (i) a police officer of inspector rank or above is satisfied that taking the sample is necessary to assist in the prevention or detection of crime and authorises it to be taken; and (ii) the person concerned gives their written consent. 6.2A PACE, section 63A(4) and Schedule 2A provide powers to: (a) make a requirement (in accordance with Annex G) for a person to attend a police station to have an intimate sample taken in the exercise of one of the following powers in paragraph 6.2 when that power applies at the time the sample is to be taken in accordance with the requirement or after the person’s arrest if they fail to comply with the requirement: (i) section 62(1A) – Persons from whom two or more non-intimate samples have been taken and proved to be insufficient, see paragraph 6.2(b): There is no time limit for making the requirement. (ii) section 62(2A) – Persons convicted outside England and Wales from whom two or more non-intimate samples taken under section 63(3E) (see paragraph 6.6(h) Codes of practice – Code D Identification of persons by police officers 39 D have proved insufficient, see paragraph 6.2©: There is no time limit for making the requirement. 6.3 Before a suspect is asked to provide an intimate sample, they must be: (a) informed: (i) of the reason, including the nature of the suspected offence (except if taken under paragraph 6.2© from a person convicted outside England and Wales. (ii) that authorisation has been given and the provisions under which given; (iii) that a sample taken at a police station may be subject of a speculative search; (b) warned that if they refuse without good cause their refusal may harm their case if it comes to trial, see Note 6D. If the suspect is in police detention and not legally represented, they must also be reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the reminder noted in the custody record. If paragraph 6.2(b) applies and the person is attending a station voluntarily, their entitlement to free legal advice as in Code C, paragraph 3.21 shall be explained to them. 6.4 Dental impressions may only be taken by a registered dentist. Other intimate samples, except for samples of urine, may only be taken by a registered medical practitioner or registered nurse or registered paramedic. (b) Non-intimate samples 6.5 A non-intimate sample may be taken from a detainee only with their written consent or if paragraph 6.6 applies. 6.6 a non-intimate sample may be taken from a person without the appropriate consent in the following circumstances: (a) under section 63(2A) from a person who is in police detention as a consequence of being arrested for a recordable offence and who has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police or they have had such a sample taken but it proved insufficient. (b) Under section 63(3) from a person who is being held in custody by the police on the authority of a court if an officer of at least the rank of inspector authorises it to be taken. An authorisation may be given: Codes of practice – Code D Identification of persons by police officers 40 D (i) if the authorising officer has reasonable grounds for suspecting the person of involvement in a recordable offence and for believing that the sample will tend to confirm or disprove that involvement, and (ii) in writing or orally and confirmed in writing, as soon as practicable; but an authorisation may not be given to take from the same part of the body a further non-intimate sample consisting of a skin impression unless the previously taken impression proved insufficient © under section 63(3ZA) from a person who has been arrested for a recordable offence and released if the person: (i) is on bail and has not had a sample of the same type and from the same part of the body taken in the course of the investigation of the offence, or; (ii) has had such a sample taken in the course of the investigation of the offence, but it proved unsuitable or insufficient. (d) under section 63(3A), from a person (whether or not in police detention or held in custody by the police on the authority of a court) who has been charged with a recordable offence or informed they will be reported for such an offence if the person: (i) has not had a non-intimate sample taken from them in the course of the investigation of the offence; (ii) has had a sample so taken, but it proved unsuitable or insufficient, see Note 6B; or (iii) has had a sample taken in the course of the investigation of the offence and the sample has been destroyed and in proceedings relating to that offence there is a dispute as to whether a DNA profile relevant to the proceedings was derived from the destroyed sample. (e) under section 63(3B), from a person who has been: (i) convicted of a recordable offence; (ii) given a caution in respect of a recordable offence which, at the time of the caution, the person admitted; or (iii) warned or reprimanded under the Crime and Disorder Act 1998, section 65, for a recordable offence, Codes of practice – Code D Identification of persons by police officers 41 D if, since their conviction, caution, warning or reprimand a non-intimate sample has not been taken from them or a sample which has been taken since then has proved to be unsuitable or insufficient and in either case, an officer of inspector rank or above, is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime and authorises the taking; (f) under section 63(3C) from a person to whom section 2 of the Criminal Evidence (Amendment) Act 1997 applies (persons detained following acquittal on grounds of insanity or finding of unfitness to plead). (g) under section 63(3E) from a person who has been convicted outside England and Wales of an offence which if committed in England and Wales would be a qualifying offence as defined by PACE, section 65A (see Note 4AB) if: (i) a non-intimate sample has not been taken previously under this power or unless a sample was so taken but was unsuitable or insufficient; and (ii) a police officer of inspector rank or above is satisfied that taking a sample is necessary to assist in the prevention or detection of crime and authorises it to be taken. 6.6A PACE, section 63A(4) and Schedule 2A provide powers to: (a) make a requirement (in accordance with Annex G) for a person to attend a police station to have a non-intimate sample taken in the exercise of one of the following powers in paragraph 6.6 when that power applies at the time the sample would be taken in accordance with the requirement: (i) section 63(3ZA) – Persons arrested for a recordable offence and released, see paragraph 6.6©: The requirement may not be made more than six months from the day the investigating officer was informed that the sample previously taken was unsuitable or insufficient. (ii) section 63(3A) – Persons charged etc. with a recordable offence, see paragraph 6.6(d): The requirement may not be made more than six months from: • the day the person was charged or reported if a sample has not been taken since then; or • the day the investigating officer was informed that the sample previously taken was unsuitable or insufficient. Codes of practice – Code D Identification of persons by police officers 42 D (iii) section 63(3B) – Person convicted, cautioned, warned or reprimanded for a recordable offence in England and Wales, see paragraph 6.6(e): Where the offence for which the person was convicted etc is also a qualifying offence (see Note 4AB), there is no time limit for the exercise of this power. Where the conviction etc was for a recordable offence that is not a qualifying offence, the requirement may not be made more than two years from: • the day the person was convicted, cautioned, warned or reprimanded, or the day Schedule 2A comes into force (if later), if a samples has not been taken since then; or • the day an officer from the force investigating the offence was informed that the sample previously taken was unsuitable or insufficient or the day Schedule 2A comes into force (if later). (iv) section 63(3E) – A person who has been convicted of qualifying offence (see Note 4AB) outside England and Wales, see paragraph 6.6(h): There is no time limit for making the requirement. Note: A person who has had a non-intimate sample taken under any of the powers in section 63 mentioned in paragraph 6.6 on two occasions in relation to any offence may not be required under Schedule 2A to attend a police station for a sample to be taken again under section 63 in relation to that offence, unless authorised by an officer of inspector rank or above. The fact of the authorisation and the reasons for giving it must be recorded as soon as practicable. (b) arrest, without warrant, a person who fails to comply with the requirement. 6.7 Reasonable force may be used, if necessary, to take a non-intimate sample from a person without their consent under the powers mentioned in paragraph 6.6. 6.8 Before any non-intimate sample is taken: (a) without consent under any power mentioned in paragraphs 6.6 and 6.6A, the person must be informed of: (i) the reason for taking the sample; (ii) the power under which the sample is to be taken; (iii) the fact that the relevant authority has been given if any power mentioned in paragraph 6.6(b), (e) or (h) applies; Codes of practice – Code D Identification of persons by police officers 43 D (b) with or without consent at a police station or elsewhere, the person must be informed: (i) that their sample or information derived from it may be subject of a speculative search against other samples and information derived from them, see Note 6E and (ii) that their sample and the information derived from it may be retained in accordance with Annex F, Part (a). © Removal of clothing 6.9 When clothing needs to be removed in circumstances likely to cause embarrassment to the person, no person of the opposite sex who is not a registered medical practitioner or registered health care professional shall be present, (unless in the case of a juvenile, mentally disordered or mentally vulnerable person, that person specifically requests the presence of an appropriate adult of the opposite sex who is readily available) nor shall anyone whose presence is unnecessary. However, in the case of a juvenile, this is subject to the overriding proviso that such a removal of clothing may take place in the absence of the appropriate adult only if the juvenile signifies in their presence, that they prefer the adult’s absence and they agree. © Documentation 6.10 A record must be made as soon as practicable after the sample is taken of: • The matters in paragraph 6.8(a)(i) to (iii) and the fact that the person has been informed of those matters; and • The fact that the person has been informed of the matters in paragraph 6.8(b) (i) and (ii). 6.10A If force is used, a record shall be made of the circumstances and those present. 6.11 A record must be made of a warning given as required by paragraph 6.3. 6.12 Not used Notes for guidance 6A When hair samples are taken for the purpose of DNA analysis (rather than for other purposes such as making a visual match), the suspect should be permitted a reasonable choice as to what part of the body the hairs are taken from. When hairs are plucked, they should be plucked individually, unless the suspect prefers otherwise and no more should be plucked than the person taking them reasonably considers necessary for a sufficient sample. Codes of practice – Code D Identification of persons by police officers 44 D 6B (a) An insufficient sample is one which is not sufficient either in quantity or quality to provide information for a particular form of analysis, such as DNA analysis. A sample may also be insufficient if enough information cannot be obtained from it by analysis because of loss, destruction, damage or contamination of the sample or as a result of an earlier, unsuccessful attempt at analysis. (b) An unsuitable sample is one which, by its nature, is not suitable for a particular form of analysis. 6C Nothing in paragraph 6.2 prevents intimate samples being taken for elimination purposes with the consent of the person concerned but the provisions of paragraph 2.12 relating to the role of the appropriate adult, should be applied. Paragraph 6.2(b) does not, however, apply where the non-intimate samples were previously taken under the Terrorism Act 2000, Schedule 8, paragraph 10. 6D In warning a person who is asked to provide an intimate sample as in paragraph 6.3, the following form of words may be used: ‘You do not have to provide this sample/allow this swab or impression to be taken, but I must warn you that if you refuse without good cause, your refusal may harm your case if it comes to trial.’ 6E Fingerprints or a DNA sample and the information derived from it taken from a person arrested on suspicion of being involved in a recordable offence, or charged with such an offence, or informed they will be reported for such an offence, may be subject of a speculative search. This means they may be checked against other fingerprints and DNA records held by, or on behalf of, the police and other law enforcement authorities in or outside the UK or held in connection with, or as a result of, an investigation of an offence inside or outside the UK. Fingerprints and samples taken from any other person, e.g. a person suspected of committing a recordable offence but who has not been arrested, charged or informed they will be reported for it, may be subject to a speculative search only if the person consents in writing to their fingerprints being subject of such a search. The following is an example of a basic form of words: “I consent to my fingerprints/DNA sample and information derived from it being retained and used only for purposes related to the prevention and detection of a crime, the investigation of an offence or the conduct of a prosecution either nationally or internationally. I understand that this sample may be checked against other fingerprint/DNA records held by or on behalf of relevant law enforcement authorities, either nationally or internationally. Codes of practice – Code D Identification of persons by police officers 45 D I understand that once I have given my consent for the sample to be retained and used I cannot withdraw this consent.” See Annex F regarding the retention and use of fingerprints and samples taken with consent for elimination purposes. 6F Samples of urine and non-intimate samples taken in accordance with sections 63B and 63C of PACE may not be used for identification purposes in accordance with this Code. See Code C note for guidance 17D. Codes of practice – Code D Identification of persons by police officers 46 D Annex A - Video identification (a) General 1. The arrangements for obtaining and ensuring the availability of a suitable set of images to be used in a video identification must be the responsibility of an identification officer, who has no direct involvement with the case. 2. The set of images must include the suspect and at least eight other people who, so far as possible, resemble the suspect in age, general appearance and position in life. Only one suspect shall appear in any set unless there are two suspects of roughly similar appearance, in which case they may be shown together with at least twelve other people. 2A If the suspect has an unusual physical feature, e.g., a facial scar, tattoo or distinctive hairstyle or hair colour which does not appear on the images of the other people that are available to be used, steps may be taken to: (a) conceal the location of the feature on the images of the suspect and the other people; or (b) replicate that feature on the images of the other people. For these purposes, the feature may be concealed or replicated electronically or by any other method which it is practicable to use to ensure that the images of the suspect and other people resemble each other. The identification officer has discretion to choose whether to conceal or replicate the feature and the method to be used. If an unusual physical feature has been described by the witness, the identification officer should, if practicable, have that feature replicated. If it has not been described, concealment may be more appropriate. 2B If the identification officer decides that a feature should be concealed or replicated, the reason for the decision and whether the feature was concealed or replicated in the images shown to any witness shall be recorded. 2C If the witness requests to view an image where an unusual physical feature has been concealed or replicated without the feature being concealed or replicated, the witness may be allowed to do so. 3. The images used to conduct a video identification shall, as far as possible, show the suspect and other people in the same positions or carrying out the same sequence of movements. They shall also show the suspect and other people under identical conditions unless the identification officer reasonably believes: Codes of practice – Code D Identification of persons by police officers 47 D (a) because of the suspect’s failure or refusal to co-operate or other reasons, it is not practicable for the conditions to be identical; and (b) any difference in the conditions would not direct a witness’ attention to any individual image. 4. The reasons identical conditions are not practicable shall be recorded on forms provided for the purpose. 5. Provision must be made for each person shown to be identified by number. 6. If police officers are shown, any numerals or other identifying badges must be concealed. If a prison inmate is shown, either as a suspect or not, then either all, or none of, the people shown should be in prison clothing. 7. The suspect or their solicitor, friend, or appropriate adult must be given a reasonable opportunity to see the complete set of images before it is shown to any witness. If the suspect has a reasonable objection to the set of images or any of the participants, the suspect shall be asked to state the reasons for the objection. Steps shall, if practicable, be taken to remove the grounds for objection. If this is not practicable, the suspect and/or their representative shall be told why their objections cannot be met and the objection, the reason given for it and why it cannot be met shall be recorded on forms provided for the purpose. 8. Before the images are shown in accordance with paragraph 7, the suspect or their solicitor shall be provided with details of the first description of the suspect by any witnesses who are to attend the video identification. When a broadcast or publication is made, as in paragraph 3.28, the suspect or their solicitor must also be allowed to view any material released to the media by the police for the purpose of recognising or tracing the suspect, provided it is practicable and would not unreasonably delay the investigation. 9. The suspect’s solicitor, if practicable, shall be given reasonable notification of the time and place the video identification is to be conducted so a representative may attend on behalf of the suspect. The suspect may not be present when the images are shown to the witness(es). In the absence of the suspect’s solicitor, the viewing itself shall be recorded on video. No unauthorised people may be present. (b) Conducting the video identification 10. The identification officer is responsible for making the appropriate arrangements to make sure, before they see the set of images, witnesses are not able to communicate with each other about the case, see any of the images which are to be shown, see, or be reminded of, any photograph or description of the suspect or be given any other Codes of practice – Code D Identification of persons by police officers 48 D indication as to the suspect’s identity, or overhear a witness who has already seen the material. There must be no discussion with the witness about the composition of the set of images and they must not be told whether a previous witness has made any identification. 11. Only one witness may see the set of images at a time. Immediately before the images are shown, the witness shall be told that the person they saw on a specified earlier occasion may, or may not, appear in the images they are shown and that if they cannot make a positive identification, they should say so. The witness shall be advised that at any point, they may ask to see a particular part of the set of images or to have a particular image frozen for them to study. Furthermore, it should be pointed out to the witness that there is no limit on how many times they can view the whole set of images or any part of them. However, they should be asked not to make any decision as to whether the person they saw is on the set of images until they have seen the whole set at least twice. 12. Once the witness has seen the whole set of images at least twice and has indicated that they do not want to view the images, or any part of them, again, the witness shall be asked to say whether the individual they saw in person on a specified earlier occasion has been shown and, if so, to identify them by number of the image. The witness will then be shown that image to confirm the identification, see paragraph 17. 13. Care must be taken not to direct the witness’ attention to any one individual image or give any indication of the suspect’s identity. Where a witness has previously made an identification by photographs, or a computerised or artist’s composite or similar likeness, the witness must not be reminded of such a photograph or composite likeness once a suspect is available for identification by other means in accordance with this Code. Nor must the witness be reminded of any description of the suspect. 14. After the procedure, each witness shall be asked whether they have seen any broadcast or published films or photographs, or any descriptions of suspects relating to the offence and their reply shall be recorded. © Image security and destruction 15. Arrangements shall be made for all relevant material containing sets of images used for specific identification procedures to be kept securely and their movements accounted for. In particular, no-one involved in the investigation shall be permitted to view the material prior to it being shown to any witness. 16. As appropriate, paragraph 3.30 or 3.31 applies to the destruction or retention of relevant sets of images. Codes of practice – Code D Identification of persons by police officers 49 D (d) Documentation 17. A record must be made of all those participating in, or seeing, the set of images whose names are known to the police. 18. A record of the conduct of the video identification must be made on forms provided for the purpose. This shall include anything said by the witness about any identifications or the conduct of the procedure and any reasons it was not practicable to comply with any of the provisions of this Code governing the conduct of video identifications. Codes of practice – Code D Identification of persons by police officers 50 D Annex B - Identification parades (a) General 1. A suspect must be given a reasonable opportunity to have a solicitor or friend present, and the suspect shall be asked to indicate on a second copy of the notice whether or not they wish to do so. 2. An identification parade may take place either in a normal room or one equipped with a screen permitting witnesses to see members of the identification parade without being seen. The procedures for the composition and conduct of the identification parade are the same in both cases, subject to paragraph 8 (except that an identification parade involving a screen may take place only when the suspect’s solicitor, friend or appropriate adult is present or the identification parade is recorded on video). 3. Before the identification parade takes place, the suspect or their solicitor shall be provided with details of the first description of the suspect by any witnesses who are attending the identification parade. When a broadcast or publication is made as in paragraph 3.28, the suspect or their solicitor should also be allowed to view any material released to the media by the police for the purpose of recognising or tracing the suspect, provided it is practicable to do so and would not unreasonably delay the investigation. (b) Identification parades involving prison inmates 4. If a prison inmate is required for identification, and there are no security problems about the person leaving the establishment, they may be asked to participate in an identification parade or video identification. 5. An identification parade may be held in a Prison Department establishment but shall be conducted, as far as practicable under normal identification parade rules. Members of the public shall make up the identification parade unless there are serious security, or control, objections to their admission to the establishment. In such cases, or if a group or video identification is arranged within the establishment, other inmates may participate. If an inmate is the suspect, they are not required to wear prison clothing for the identification parade unless the other people taking part are other inmates in similar clothing, or are members of the public who are prepared to wear prison clothing for the occasion. © Conduct of the identification parade 6. Immediately before the identification parade, the suspect must be reminded of the procedures governing its conduct and cautioned in the terms of Code C, paragraphs 10.5 or 10.6, as appropriate. Codes of practice – Code D Identification of persons by police officers 51 D 7. All unauthorised people must be excluded from the place where the identification parade is held. 8. Once the identification parade has been formed, everything afterwards, in respect of it, shall take place in the presence and hearing of the suspect and any interpreter, solicitor, friend or appropriate adult who is present (unless the identification parade involves a screen, in which case everything said to, or by, any witness at the place where the identification parade is held, must be said in the hearing and presence of the suspect’s solicitor, friend or appropriate adult or be recorded on video). 9. The identification parade shall consist of at least eight people (in addition to the suspect) who, so far as possible, resemble the suspect in age, height, general appearance and position in life. Only one suspect shall be included in an identification parade unless there are two suspects of roughly similar appearance, in which case they may be paraded together with at least twelve other people. In no circumstances shall more than two suspects be included in one identification parade and where there are separate identification parades, they shall be made up of different people. 10. If the suspect has an unusual physical feature, e.g., a facial scar, tattoo or distinctive hairstyle or hair colour which cannot be replicated on other members of the identification parade, steps may be taken to conceal the location of that feature on the suspect and the other members of the identification parade if the suspect and their solicitor, or appropriate adult, agree. For example, by use of a plaster or a hat, so that all members of the identification parade resemble each other in general appearance. 11. When all members of a similar group are possible suspects, separate identification parades shall be held for each unless there are two suspects of similar appearance when they may appear on the same identification parade with at least twelve other members of the group who are not suspects. When police officers in uniform form an identification parade any numerals or other identifying badges shall be concealed. 12. When the suspect is brought to the place where the identification parade is to be held, they shall be asked if they have any objection to the arrangements for the identification parade or to any of the other participants in it and to state the reasons for the objection. The suspect may obtain advice from their solicitor or friend, if present, before the identification parade proceeds. If the suspect has a reasonable objection to the arrangements or any of the participants, steps shall, if practicable, be taken to remove the grounds for objection. When it is not practicable to do so, the suspect shall be told why their objections cannot be met and the objection, the reason given for it and why it cannot be met, shall be recorded on forms provided for the purpose. Codes of practice – Code D Identification of persons by police officers 52 D 13. The suspect may select their own position in the line, but may not otherwise interfere with the order of the people forming the line. When there is more than one witness, the suspect must be told, after each witness has left the room, that they can, if they wish, change position in the line. Each position in the line must be clearly numbered, whether by means of a number laid on the floor in front of each identification parade member or by other means. 14. Appropriate arrangements must be made to make sure, before witnesses attend the identification parade, they are not able to: (i) communicate with each other about the case or overhear a witness who has already seen the identification parade; (ii) see any member of the identification parade; (iii) see, or be reminded of, any photograph or description of the suspect or be given any other indication as to the suspect’s identity; or (iv) see the suspect before or after the identification parade. 15. The person conducting a witness to an identification parade must not discuss with them the composition of the identification parade and, in particular, must not disclose whether a previous witness has made any identification. 16. Witnesses shall be brought in one at a time. Immediately before the witness inspects the identification parade, they shall be told the person they saw on a specified earlier occasion may, or may not, be present and if they cannot make a positive identification, they should say so. The witness must also be told they should not make any decision about whether the person they saw is on the identification parade until they have looked at each member at least twice. 17. When the officer or police staff (see paragraph 3.11) conducting the identification procedure is satisfied the witness has properly looked at each member of the identification parade, they shall ask the witness whether the person they saw on a specified earlier occasion is on the identification parade and, if so, to indicate the number of the person concerned, see paragraph 28. 18. If the witness wishes to hear any identification parade member speak, adopt any specified posture or move, they shall first be asked whether they can identify any person(s) on the identification parade on the basis of appearance only. When the request is to hear members of the identification parade speak, the witness shall be reminded that the participants in the identification parade have been chosen on the basis of physical appearance only. Members of the identification parade may then Codes of practice – Code D Identification of persons by police officers 53 D be asked to comply with the witness’ request to hear them speak, see them move or adopt any specified posture. 19. If the witness requests that the person they have indicated remove anything used for the purposes of paragraph 10 to conceal the location of an unusual physical feature, that person may be asked to remove it. 20. If the witness makes an identification after the identification parade has ended, the suspect and, if present, their solicitor, interpreter or friend shall be informed. When this occurs, consideration should be given to allowing the witness a second opportunity to identify the suspect. 21 After the procedure, each witness shall be asked whether they have seen any broadcast or published films or photographs or any descriptions of suspects relating to the offence and their reply shall be recorded. 22. When the last witness has left, the suspect shall be asked whether they wish to make any comments on the conduct of the identification parade. (d) Documentation 23. A video recording must normally be taken of the identification parade. If that is impracticable, a colour photograph must be taken. A copy of the video recording or photograph shall be supplied, on request, to the suspect or their solicitor within a reasonable time. 24. As appropriate, paragraph 3.30 or 3.31, should apply to any photograph or video taken as in paragraph 23. 25. If any person is asked to leave an identification parade because they are interfering with its conduct, the circumstances shall be recorded. 26. A record must be made of all those present at an identification parade whose names are known to the police. 27. If prison inmates make up an identification parade, the circumstances must be recorded. 28. A record of the conduct of any identification parade must be made on forms provided for the purpose. This shall include anything said by the witness or the suspect about any identifications or the conduct of the procedure, and any reasons it was not practicable to comply with any of this Code’s provisions. Codes of practice – Code D Identification of persons by police officers 54 D Annex C - Group identification (a) General 1. The purpose of this Annex is to make sure, as far as possible, group identifications follow the principles and procedures for identification parades so the conditions are fair to the suspect in the way they test the witness’ ability to make an identification. 2. Group identifications may take place either with the suspect’s consent and cooperation or covertly without their consent. 3. The location of the group identification is a matter for the identification officer, although the officer may take into account any representations made by the suspect, appropriate adult, their solicitor or friend. 4. The place where the group identification is held should be one where other people are either passing by or waiting around informally, in groups such that the suspect is able to join them and be capable of being seen by the witness at the same time as others in the group. For example people leaving an escalator, pedestrians walking through a shopping centre, passengers on railway and bus stations, waiting in queues or groups or where people are standing or sitting in groups in other public places. 5. If the group identification is to be held covertly, the choice of locations will be limited by the places where the suspect can be found and the number of other people present at that time. In these cases, suitable locations might be along regular routes travelled by the suspect, including buses or trains or public places frequented by the suspect. 6. Although the number, age, sex, race and general description and style of clothing of other people present at the location cannot be controlled by the identification officer, in selecting the location the officer must consider the general appearance and numbers of people likely to be present. In particular, the officer must reasonably expect that over the period the witness observes the group, they will be able to see, from time to time, a number of others whose appearance is broadly similar to that of the suspect. 7. A group identification need not be held if the identification officer believes, because of the unusual appearance of the suspect, none of the locations it would be practicable to use, satisfy the requirements of paragraph 6 necessary to make the identification fair. Codes of practice – Code D Identification of persons by police officers 55 D 8. Immediately after a group identification procedure has taken place (with or without the suspect’s consent), a colour photograph or video should be taken of the general scene, if practicable, to give a general impression of the scene and the number of people present. Alternatively, if it is practicable, the group identification may be video recorded. 9. If it is not practicable to take the photograph or video in accordance with paragraph 8, a photograph or film of the scene should be taken later at a time determined by the identification officer if the officer considers it practicable to do so. 10. An identification carried out in accordance with this Code remains a group identification even though, at the time of being seen by the witness, the suspect was on their own rather than in a group. 11. Before the group identification takes place, the suspect or their solicitor shall be provided with details of the first description of the suspect by any witnesses who are to attend the identification. When a broadcast or publication is made, as in paragraph 3.28, the suspect or their solicitor should also be allowed to view any material released by the police to the media for the purposes of recognising or tracing the suspect, provided that it is practicable and would not unreasonably delay the investigation. 12. After the procedure, each witness shall be asked whether they have seen any broadcast or published films or photographs or any descriptions of suspects relating to the offence and their reply recorded. (b) Identification with the consent of the suspect 13. A suspect must be given a reasonable opportunity to have a solicitor or friend present. They shall be asked to indicate on a second copy of the notice whether or not they wish to do so. 14. The witness, the person carrying out the procedure and the suspect’s solicitor, appropriate adult, friend or any interpreter for the witness, may be concealed from the sight of the individuals in the group they are observing, if the person carrying out the procedure considers this assists the conduct of the identification. 15. The person conducting a witness to a group identification must not discuss with them the forthcoming group identification and, in particular, must not disclose whether a previous witness has made any identification. 16. Anything said to, or by, the witness during the procedure about the identification should be said in the presence and hearing of those present at the procedure. Codes of practice – Code D Identification of persons by police officers 56 D 17. Appropriate arrangements must be made to make sure, before witnesses attend the group identification, they are not able to: (i) communicate with each other about the case or overhear a witness who has already been given an opportunity to see the suspect in the group; (ii) see the suspect; or (iii) see, or be reminded of, any photographs or description of the suspect or be given any other indication of the suspect’s identity. 18. Witnesses shall be brought one at a time to the place where they are to observe the group. Immediately before the witness is asked to look at the group, the person conducting the procedure shall tell them that the person they saw may, or may not, be in the group and that if they cannot make a positive identification, they should say so. The witness shall be asked to observe the group in which the suspect is to appear. The way in which the witness should do this will depend on whether the group is moving or stationary. Moving group 19. When the group in which the suspect is to appear is moving, e.g. leaving an escalator, the provisions of paragraphs 20 to 24 should be followed. 20. If two or more suspects consent to a group identification, each should be the subject of separate identification procedures. These may be conducted consecutively on the same occasion. 21. The person conducting the procedure shall tell the witness to observe the group and ask them to point out any person they think they saw on the specified earlier occasion. 22. Once the witness has been informed as in paragraph 21 the suspect should be allowed to take whatever position in the group they wish. 23. When the witness points out a person as in paragraph 21 they shall, if practicable, be asked to take a closer look at the person to confirm the identification. If this is not practicable, or they cannot confirm the identification, they shall be asked how sure they are that the person they have indicated is the relevant person. 24. The witness should continue to observe the group for the period which the person conducting the procedure reasonably believes is necessary in the circumstances for them to be able to make comparisons between the suspect and other individuals of broadly similar appearance to the suspect as in paragraph 6. Codes of practice – Code D Identification of persons by police officers 57 D Stationary groups 25. When the group in which the suspect is to appear is stationary, e.g. people waiting in a queue, the provisions of paragraphs 26 to 29 should be followed. 26. If two or more suspects consent to a group identification, each should be subject to separate identification procedures unless they are of broadly similar appearance when they may appear in the same group. When separate group identifications are held, the groups must be made up of different people. 27. The suspect may take whatever position in the group they wish. If there is more than one witness, the suspect must be told, out of the sight and hearing of any witness, that they can, if they wish, change their position in the group. 28. The witness shall be asked to pass along, or amongst, the group and to look at each person in the group at least twice, taking as much care and time as possible according to the circumstances, before making an identification. Once the witness has done this, they shall be asked whether the person they saw on the specified earlier occasion is in the group and to indicate any such person by whatever means the person conducting the procedure considers appropriate in the circumstances. If this is not practicable, the witness shall be asked to point out any person they think they saw on the earlier occasion. 29. When the witness makes an indication as in paragraph 28, arrangements shall be made, if practicable, for the witness to take a closer look at the person to confirm the identification. If this is not practicable, or the witness is unable to confirm the identification, they shall be asked how sure they are that the person they have indicated is the relevant person. All cases 30. If the suspect unreasonably delays joining the group, or having joined the group, deliberately conceals themselves from the sight of the witness, this may be treated as a refusal to co-operate in a group identification. 31. If the witness identifies a person other than the suspect, that person should be informed what has happened and asked if they are prepared to give their name and address. There is no obligation upon any member of the public to give these details. There shall be no duty to record any details of any other member of the public present in the group or at the place where the procedure is conducted. 32. When the group identification has been completed, the suspect shall be asked whether they wish to make any comments on the conduct of the procedure. Codes of practice – Code D Identification of persons by police officers 58 D 33. If the suspect has not been previously informed, they shall be told of any identifications made by the witnesses. © Identification without the suspect’s consent 34. Group identifications held covertly without the suspect’s consent should, as far as practicable, follow the rules for conduct of group identification by consent. 35. A suspect has no right to have a solicitor, appropriate adult or friend present as the identification will take place without the knowledge of the suspect. 36. Any number of suspects may be identified at the same time. (d) Identifications in police stations 37. Group identifications should only take place in police stations for reasons of safety, security or because it is not practicable to hold them elsewhere. 38. The group identification may take place either in a room equipped with a screen permitting witnesses to see members of the group without being seen, or anywhere else in the police station that the identification officer considers appropriate. 39. Any of the additional safeguards applicable to identification parades should be followed if the identification officer considers it is practicable to do so in the circumstances. (e) Identifications involving prison inmates 40. A group identification involving a prison inmate may only be arranged in the prison or at a police station. 41. When a group identification takes place involving a prison inmate, whether in a prison or in a police station, the arrangements should follow those in paragraphs 37 to 39. If a group identification takes place within a prison, other inmates may participate. If an inmate is the suspect, they do not have to wear prison clothing for the group identification unless the other participants are wearing the same clothing. (f) Documentation 42. When a photograph or video is taken as in paragraph 8 or 9, a copy of the photograph or video shall be supplied on request to the suspect or their solicitor within a reasonable time. 43. Paragraph 3.30 or 3.31, as appropriate, shall apply when the photograph or film taken in accordance with paragraph 8 or 9 includes the suspect. Codes of practice – Code D Identification of persons by police officers 59 D 44. A record of the conduct of any group identification must be made on forms provided for the purpose. This shall include anything said by the witness or suspect about any identifications or the conduct of the procedure and any reasons why it was not practicable to comply with any of the provisions of this Code governing the conduct of group identifications. Codes of practice – Code D Identification of persons by police officers 60 D Annex D - Confrontation by a witness 1. Before the confrontation takes place, the witness must be told that the person they saw may, or may not, be the person they are to confront and that if they are not that person, then the witness should say so. 2. Before the confrontation takes place the suspect or their solicitor shall be provided with details of the first description of the suspect given by any witness who is to attend. When a broadcast or publication is made, as in paragraph 3.28, the suspect or their solicitor should also be allowed to view any material released to the media for the purposes of recognising or tracing the suspect, provided it is practicable to do so and would not unreasonably delay the investigation. 3. Force may not be used to make the suspect’s face visible to the witness. 4. Confrontation must take place in the presence of the suspect’s solicitor, interpreter or friend unless this would cause unreasonable delay. 5. The suspect shall be confronted independently by each witness, who shall be asked “Is this the person?”. If the witness identifies the person but is unable to confirm the identification, they shall be asked how sure they are that the person is the one they saw on the earlier occasion. 6. The confrontation should normally take place in the police station, either in a normal room or one equipped with a screen permitting a witness to see the suspect without being seen. In both cases, the procedures are the same except that a room equipped with a screen may be used only when the suspect’s solicitor, friend or appropriate adult is present or the confrontation is recorded on video. 7. After the procedure, each witness shall be asked whether they have seen any broadcast or published films or photographs or any descriptions of suspects relating to the offence and their reply shall be recorded. Codes of practice – Code D Identification of persons by police officers 61 D Annex E - Showing photographs (a) Action 1. An officer of sergeant rank or above shall be responsible for supervising and directing the showing of photographs. The actual showing may be done by another officer or police staff, see paragraph 3.11. 2. The supervising officer must confirm the first description of the suspect given by the witness has been recorded before they are shown the photographs. If the supervising officer is unable to confirm the description has been recorded they shall postpone showing the photographs. 3. Only one witness shall be shown photographs at any one time. Each witness shall be given as much privacy as practicable and shall not be allowed to communicate with any other witness in the case. 4. The witness shall be shown not less than twelve photographs at a time, which shall, as far as possible, all be of a similar type. 5. When the witness is shown the photographs, they shall be told the photograph of the person they saw may, or may not, be amongst them and if they cannot make a positive identification, they should say so. The witness shall also be told they should not make a decision until they have viewed at least twelve photographs. The witness shall not be prompted or guided in any way but shall be left to make any selection without help. 6. If a witness makes a positive identification from photographs, unless the person identified is otherwise eliminated from enquiries or is not available, other witnesses shall not be shown photographs. But both they, and the witness who has made the identification, shall be asked to attend a video identification, an identification parade or group identification unless there is no dispute about the suspect’s identification. 7. If the witness makes a selection but is unable to confirm the identification, the person showing the photographs shall ask them how sure they are that the photograph they have indicated is the person they saw on the specified earlier occasion. 8. When the use of a computerised or artist’s composite or similar likeness has led to there being a known suspect who can be asked to participate in a video identification, appear on an identification parade or participate in a group identification, that likeness shall not be shown to other potential witnesses. 9. When a witness attending a video identification, an identification parade or group identification has previously been shown photographs or computerised or artist’s composite or similar likeness (and it is the responsibility of the officer in charge of the Codes of practice – Code D Identification of persons by police officers 62 D investigation to make the identification officer aware that this is the case), the suspect and their solicitor must be informed of this fact before the identification procedure takes place. 10. None of the photographs shown shall be destroyed, whether or not an identification is made, since they may be required for production in court. The photographs shall be numbered and a separate photograph taken of the frame or part of the album from which the witness made an identification as an aid to reconstituting it. (b) Documentation 11. Whether or not an identification is made, a record shall be kept of the showing of photographs on forms provided for the purpose. This shall include anything said by the witness about any identification or the conduct of the procedure, any reasons it was not practicable to comply with any of the provisions of this Code governing the showing of photographs and the name and rank of the supervising officer. 12. The supervising officer shall inspect and sign the record as soon as practicable. Codes of practice – Code D Identification of persons by police officers 63 D Annex F - Fingerprints, footwear impressions and samples - destruction and speculative searches (a) Fingerprints, footwear impressions and samples taken in connection with a criminal investigation from a person suspected of committing the offence under investigation. 1. The retention and destruction of fingerprints, footwear impressions and samples taken in connection with a criminal investigation from a person suspected of committing the offence under investigation is subject to PACE, section 64. (b) Fingerprints, footwear impressions and samples taken in connection with a criminal investigation from a person not suspected of committing the offence under investigation. 2. When fingerprints, footwear impressions or DNA samples are taken from a person in connection with an investigation and the person is not suspected of having committed the offence, see Note F1, they must be destroyed as soon as they have fulfilled the purpose for which they were taken unless: (a) they were taken for the purposes of an investigation of an offence for which a person has been convicted; and (b) fingerprints, footwear impressions or samples were also taken from the convicted person for the purposes of that investigation. However, subject to paragraph 2, the fingerprints, footwear impressions and samples, and the information derived from samples, may not be used in the investigation of any offence or in evidence against the person who is, or would be, entitled to the destruction of the fingerprints, footwear impressions and samples, see Note F2. 3. The requirement to destroy fingerprints, footwear impressions and DNA samples, and information derived from samples, and restrictions on their retention and use in paragraph 1 do not apply if the person gives their written consent for their fingerprints, footwear impressions or sample to be retained and used after they have fulfilled the purpose for which they were taken, see Note F1. 4. When a person’s fingerprints, footwear impressions or sample are to be destroyed: (a) any copies of the fingerprints and footwear impressions must also be destroyed; (b) the person may witness the destruction of their fingerprints, footwear impressions or copies if they ask to do so within five days of being informed destruction is required; Codes of practice – Code D Identification of persons by police officers 64 D © access to relevant computer fingerprint data shall be made impossible as soon as it is practicable to do so and the person shall be given a certificate to this effect within three months of asking; and (d) neither the fingerprints, footwear impressions, the sample, or any information derived from the sample, may be used in the investigation of any offence or in evidence against the person who is, or would be, entitled to its destruction. 5. Fingerprints, footwear impressions or samples, and the information derived from samples, taken in connection with the investigation of an offence which are not required to be destroyed, may be retained after they have fulfilled the purposes for which they were taken but may be used only for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution in, as well as outside, the UK and may also be subject to a speculative search. This includes checking them against other fingerprints, footwear impressions and DNA records held by, or on behalf of, the police and other law enforcement authorities in, as well as outside, the UK. (b) Fingerprints taken in connection with Immigration Service enquiries 6. See paragraph 4.10. Notes for guidance F1 Fingerprints, footwear impressions and samples given voluntarily for the purposes of elimination play an important part in many police investigations. It is, therefore, important to make sure innocent volunteers are not deterred from participating and their consent to their fingerprints, footwear impressions and DNA being used for the purposes of a specific investigation is fully informed and voluntary. If the police or volunteer seek to have the fingerprints, footwear impressions or samples retained for use after the specific investigation ends, it is important the volunteer’s consent to this is also fully informed and voluntary. Examples of consent for: • DNA/fingerprints/footwear impressions - to be used only for the purposes of a specific investigation; • DNA/fingerprints/footwear impressions - to be used in the specific investigation and retained by the police for future use. To minimise the risk of confusion, each consent should be physically separate and the volunteer should be asked to sign each consent. Codes of practice – Code D Identification of persons by police officers 65 D (a) DNA: (i) DNA sample taken for the purposes of elimination or as part of an intelligenceled screening and to be used only for the purposes of that investigation and destroyed afterwards: “I consent to my DNA/mouth swab being taken for forensic analysis. I understand that the sample will be destroyed at the end of the case and that my profile will only be compared to the crime stain profile from this enquiry. I have been advised that the person taking the sample may be required to give evidence and/or provide a written statement to the police in relation to the taking of it”. (ii) DNA sample to be retained on the National DNA database and used in the future: “I consent to my DNA sample and information derived from it being retained and used only for purposes related to the prevention and detection of a crime, the investigation of an offence or the conduct of a prosecution either nationally or internationally.” “I understand that this sample may be checked against other DNA records held by, or on behalf of, relevant law enforcement authorities, either nationally or internationally”. “I understand that once I have given my consent for the sample to be retained and used I cannot withdraw this consent.” (b) Fingerprints: (i) Fingerprints taken for the purposes of elimination or as part of an intelligenceled screening and to be used only for the purposes of that investigation and destroyed afterwards: “I consent to my fingerprints being taken for elimination purposes. I understand that the fingerprints will be destroyed at the end of the case and that my fingerprints will only be compared to the fingerprints from this enquiry. I have been advised that the person taking the fingerprints may be required to give evidence and/or provide a written statement to the police in relation to the taking of it.” (ii) Fingerprints to be retained for future use: “I consent to my fingerprints being retained and used only for purposes related to the prevention and detection of a crime, the investigation of an offence or the conduct of a prosecution either nationally or internationally”. Codes of practice – Code D Identification of persons by police officers 66 D “I understand that my fingerprints may be checked against other records held by, or on behalf of, relevant law enforcement authorities, either nationally or internationally.” “I understand that once I have given my consent for my fingerprints to be retained and used I cannot withdraw this consent.” © Footwear impressions: (i) Footwear impressions taken for the purposes of elimination or as part of an intelligence-led screening and to be used only for the purposes of that investigation and destroyed afterwards: “I consent to my footwear impressions being taken for elimination purposes. I understand that the footwear impressions will be destroyed at the end of the case and that my footwear impressions will only be compared to the footwear impressions from this enquiry. I have been advised that the person taking the footwear impressions may be required to give evidence and/or provide a written statement to the police in relation to the taking of it.” (ii) Footwear impressions to be retained for future use: “I consent to my footwear impressions being retained and used only for purposes related to the prevention and detection of a crime, the investigation of an offence or the conduct of a prosecution, either nationally or internationally”. “I understand that my footwear impressions may be checked against other records held by, or on behalf of, relevant law enforcement authorities, either nationally or internationally.” “I understand that once I have given my consent for my footwear impressions to be retained and used I cannot withdraw this consent.” F2 The provisions for the retention of fingerprints, footwear impressions and samples in paragraph 1 allow for all fingerprints, footwear impressions and samples in a case to be available for any subsequent miscarriage of justice investigation. Codes of practice – Code D Identification of persons by police officers 67 D Annex G –Requirement for a person to attend a police station for fingerprints and samples. 1. A requirement under Schedule 2A for a person to attend a police station to have fingerprints or samples taken: (a) must give the person a period of at least seven days within which to attend the police station; and (b) may direct them to attend at a specified time of day or between specified times of day. 2. When specifying the period and times of attendance, the officer making the requirements must consider whether the fingerprints or samples could reasonably be taken at a time when the person is required to attend the police station for any other reason. See Note G1. 3. An officer of the rank of inspector or above may authorise a period shorter than 7 days if there is an urgent need for person’s fingerprints or sample for the purposes of the investigation of an offence. The fact of the authorisation and the reasons for giving it must be recorded as soon as practicable. 4. The constable making a requirement and the person to whom it applies may agree to vary it so as to specify any period within which, or date or time at which, the person is to attend. However, variation shall not have effect for the purposes of enforcement, unless it is confirmed by the constable in writing. Notes for Guidance G1 The specified period within which the person is to attend need not fall within the period allowed (if applicable) for making the requirement. G2 To justify the arrest without warrant of a person who fails to comply with a requirement, (see paragraph 4.4(b) above), the officer making the requirement, or confirming a variation, should be prepared to explain how, when and where the requirement was made or the variation was confirmed and what steps were taken to ensure the person understood what to do and the consequences of not complying with the requirement. 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