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- | D | + | ====== POLICE AND CRIMINAL EVIDENCE ACT 1984 ====== |
- | POLICE AND CRIMINAL EVIDENCE ACT 1984 | + | |
- | CODE D | + | ====== CODE D ====== |
- | CODE OF PRACTICE FOR THE IDENTIFICATION OF | + | |
- | PERSONS BY POLICE OFFICERS | + | ==== CODE OF PRACTICE FOR THE IDENTIFICATION OF |
- | Presented to Parliament under section 67(7B) of the | + | PERSONS BY POLICE OFFICERS ==== |
- | Police and Criminal Evidence Act 1984 (PACE) | + | |
- | 1 | + | s67(7B) of the Police and Criminal Evidence Act 1984 (PACE) |
- | D | + | |
- | © Crown copyright 2010 | + | |
- | You may re-use this information (not including logos) free of charge in any format or | + | |
- | medium, under the terms of the Open Government Licence. To view this licence, visit | + | |
- | http://www.nationalarchives.gov.uk/doc/open-government-licence/ or write to the | + | |
- | Information Policy Team, The National Archives, Kew, London TW9 4DU, or e-mail: | + | |
- | psi@nationalarchives.gsi.gov.uk. | + | |
- | Any enquiries regarding this publication should be sent to us at: | + | |
- | Home Office | + | |
- | Policing Powers and Protection Unit | + | |
- | 5th Floor Fry | + | |
- | 2 Marsham Street | + | |
- | London | + | |
- | SW1P 4DF | + | |
- | pacereview@homeoffice.gsi.gov.uk | + | |
- | This publication is also available on http://www.official-documents.gov.uk/ | + | |
- | Codes of practice – Code D Identification of persons by police officers | + | |
- | 2 | + | |
- | D | + | |
- | POLICE AND CRIMINAL EVIDENCE ACT 1984 | + | |
- | CODE D | + | |
- | CODE OF PRACTICE FOR THE IDENTIFICATION OF PERSONS BY | + | |
- | POLICE OFFICERS | + | |
- | Commencement - Transitional Arrangements | + | |
This code has effect in relation to any identification procedure carried out after midnight on | This code has effect in relation to any identification procedure carried out after midnight on | ||
06 March 2011. | 06 March 2011. | ||
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Codes of practice – Code D Identification of persons by police officers | Codes of practice – Code D Identification of persons by police officers | ||
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- | D | + | |
1 Introduction | 1 Introduction | ||
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1.1 This Code of Practice concerns the principal methods used by police to identify | 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 | people in connection with the investigation of offences and the keeping of accurate | ||
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a duty to have regard to the need to eliminate unlawful discrimination, harassment and | a duty to have regard to the need to eliminate unlawful discrimination, harassment and | ||
victimisation and to take steps to foster good relations. | victimisation and to take steps to foster good relations. | ||
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1.2 In this code, identification by an eye-witness arises when a witness who has seen | 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 | the offender committing the crime and is given an opportunity to identify a person | ||
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or similar procedure. These eye-witness identification procedures (see Part A of | or similar procedure. These eye-witness identification procedures (see Part A of | ||
section 3 below) are designed to: | section 3 below) are designed to: | ||
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• test the witness’ ability to identify the suspect as the person they saw on a | • test the witness’ ability to identify the suspect as the person they saw on a | ||
previous occasion | previous occasion | ||
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• provide safeguards against mistaken identification. | • provide safeguards against mistaken identification. | ||
While this Code concentrates on visual identification procedures, it does not preclude | 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 | the police making use of aural identification procedures such as a “voice identification | ||
parade”, where they judge that appropriate. | parade”, where they judge that appropriate. | ||
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1.2A In this code, separate provisions in Part B of section 3 below apply when any person, | 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 | including a police officer, is asked if they recognise anyone they see in an image as | ||
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not subject to the eye-witnesses identification procedures described in paragraph | not subject to the eye-witnesses identification procedures described in paragraph | ||
1.2. | 1.2. | ||
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1.3 Identification by fingerprints applies when a person’s fingerprints are taken to: | 1.3 Identification by fingerprints applies when a person’s fingerprints are taken to: | ||
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• compare with fingerprints found at the scene of a crime | • compare with fingerprints found at the scene of a crime | ||
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• check and prove convictions | • check and prove convictions | ||
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• help to ascertain a person’s identity. | • help to ascertain a person’s identity. | ||
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Codes of practice – Code D Identification of persons by police officers | Codes of practice – Code D Identification of persons by police officers | ||
- | 4 | + | |
- | D | + | |
1.3A Identification using footwear impressions applies when a person’s footwear | 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. | impressions are taken to compare with impressions found at the scene of a crime. | ||
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1.4 Identification by body samples and impressions includes taking samples such as | 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 | blood or hair to generate a DNA profile for comparison with material obtained from the | ||
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any offence or in evidence against the person who is, or would be, entitled to the | 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. | destruction of the fingerprints, footwear impressions and samples, see Note F2. | ||
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3. The requirement to destroy fingerprints, footwear impressions and DNA samples, | 3. The requirement to destroy fingerprints, footwear impressions and DNA samples, | ||
and information derived from samples, and restrictions on their retention and use in | and information derived from samples, and restrictions on their retention and use in | ||
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footwear impressions or sample to be retained and used after they have fulfilled the | footwear impressions or sample to be retained and used after they have fulfilled the | ||
purpose for which they were taken, see Note F1. | purpose for which they were taken, see Note F1. | ||
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4. When a person’s fingerprints, footwear impressions or sample are to be destroyed: | 4. When a person’s fingerprints, footwear impressions or sample are to be destroyed: | ||
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(a) any copies of the fingerprints and footwear impressions must also be destroyed; | (a) any copies of the fingerprints and footwear impressions must also be destroyed; | ||
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(b) the person may witness the destruction of their fingerprints, footwear | (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 | impressions or copies if they ask to do so within five days of being informed | ||
destruction is required; | destruction is required; | ||
- | Codes of practice – Code D Identification of persons by police officers | + | |
- | 64 | + | |
- | D | + | |
(c) access to relevant computer fingerprint data shall be made impossible as soon | (c) 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 | as it is practicable to do so and the person shall be given a certificate to this | ||
effect within three months of asking; and | effect within three months of asking; and | ||
+ | |||
(d) neither the fingerprints, footwear impressions, the sample, or any information | (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 | 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. | evidence against the person who is, or would be, entitled to its destruction. | ||
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5. Fingerprints, footwear impressions or samples, and the information derived from | 5. Fingerprints, footwear impressions or samples, and the information derived from | ||
samples, taken in connection with the investigation of an offence which are not | samples, taken in connection with the investigation of an offence which are not | ||
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records held by, or on behalf of, the police and other law enforcement authorities in, | records held by, or on behalf of, the police and other law enforcement authorities in, | ||
as well as outside, the UK. | as well as outside, the UK. | ||
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(b) Fingerprints taken in connection with Immigration Service enquiries | (b) Fingerprints taken in connection with Immigration Service enquiries | ||
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6. See paragraph 4.10. | 6. See paragraph 4.10. | ||
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Notes for guidance | Notes for guidance | ||
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F1 Fingerprints, footwear impressions and samples given voluntarily for the purposes | F1 Fingerprints, footwear impressions and samples given voluntarily for the purposes | ||
of elimination play an important part in many police investigations. It is, therefore, | of elimination play an important part in many police investigations. It is, therefore, | ||
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use after the specific investigation ends, it is important the volunteer’s consent to this | use after the specific investigation ends, it is important the volunteer’s consent to this | ||
is also fully informed and voluntary. | is also fully informed and voluntary. | ||
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Examples of consent for: | Examples of consent for: | ||
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• DNA/fingerprints/footwear impressions - to be used only for the purposes of a | • DNA/fingerprints/footwear impressions - to be used only for the purposes of a | ||
specific investigation; | specific investigation; | ||
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• DNA/fingerprints/footwear impressions - to be used in the specific investigation | • DNA/fingerprints/footwear impressions - to be used in the specific investigation | ||
and retained by the police for future use. | and retained by the police for future use. | ||
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To minimise the risk of confusion, each consent should be physically separate and the | To minimise the risk of confusion, each consent should be physically separate and the | ||
volunteer should be asked to sign each consent. | volunteer should be asked to sign each consent. | ||
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- | D | + | |
(a) DNA: | (a) DNA: | ||
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(i) DNA sample taken for the purposes of elimination or as part of an intelligenceled | (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 | screening and to be used only for the purposes of that investigation and | ||
destroyed afterwards: | destroyed afterwards: | ||
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“I consent to my DNA/mouth swab being taken for forensic analysis. I understand | “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 | that the sample will be destroyed at the end of the case and that my profile will | ||
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advised that the person taking the sample may be required to give evidence | 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”. | and/or provide a written statement to the police in relation to the taking of it”. | ||
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(ii) DNA sample to be retained on the National DNA database and used in the | (ii) DNA sample to be retained on the National DNA database and used in the | ||
future: | future: | ||
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“I consent to my DNA sample and information derived from it being retained | “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, | 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 | the investigation of an offence or the conduct of a prosecution either nationally | ||
or internationally.” | or internationally.” | ||
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“I understand that this sample may be checked against other DNA records held | “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 | by, or on behalf of, relevant law enforcement authorities, either nationally or | ||
internationally”. | internationally”. | ||
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“I understand that once I have given my consent for the sample to be retained | “I understand that once I have given my consent for the sample to be retained | ||
and used I cannot withdraw this consent.” | and used I cannot withdraw this consent.” | ||
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(b) Fingerprints: | (b) Fingerprints: | ||
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(i) Fingerprints taken for the purposes of elimination or as part of an intelligenceled | (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 | screening and to be used only for the purposes of that investigation and | ||
destroyed afterwards: | destroyed afterwards: | ||
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“I consent to my fingerprints being taken for elimination purposes. I understand | “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 | that the fingerprints will be destroyed at the end of the case and that my | ||
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evidence and/or provide a written statement to the police in relation to the | evidence and/or provide a written statement to the police in relation to the | ||
taking of it.” | taking of it.” | ||
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(ii) Fingerprints to be retained for future use: | (ii) Fingerprints to be retained for future use: | ||
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“I consent to my fingerprints being retained and used only for purposes related | “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 | to the prevention and detection of a crime, the investigation of an offence or the | ||
conduct of a prosecution either nationally or internationally”. | conduct of a prosecution either nationally or internationally”. | ||
Codes of practice – Code D Identification of persons by police officers | Codes of practice – Code D Identification of persons by police officers | ||
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“I understand that my fingerprints may be checked against other records held | “I understand that my fingerprints may be checked against other records held | ||
by, or on behalf of, relevant law enforcement authorities, either nationally or | by, or on behalf of, relevant law enforcement authorities, either nationally or | ||
internationally.” | internationally.” | ||
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“I understand that once I have given my consent for my fingerprints to be | “I understand that once I have given my consent for my fingerprints to be | ||
retained and used I cannot withdraw this consent.” | retained and used I cannot withdraw this consent.” | ||
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an intelligence-led screening and to be used only for the purposes of that | an intelligence-led screening and to be used only for the purposes of that | ||
investigation and destroyed afterwards: | investigation and destroyed afterwards: | ||
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“I consent to my footwear impressions being taken for elimination purposes. I | “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 | understand that the footwear impressions will be destroyed at the end of the | ||
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statement to the police in relation to the taking of it.” | statement to the police in relation to the taking of it.” | ||
(ii) Footwear impressions to be retained for future use: | (ii) Footwear impressions to be retained for future use: | ||
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“I consent to my footwear impressions being retained and used only for | “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 | 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”. | an offence or the conduct of a prosecution, either nationally or internationally”. | ||
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“I understand that my footwear impressions may be checked against other | “I understand that my footwear impressions may be checked against other | ||
records held by, or on behalf of, relevant law enforcement authorities, either | records held by, or on behalf of, relevant law enforcement authorities, either | ||
nationally or internationally.” | nationally or internationally.” | ||
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“I understand that once I have given my consent for my footwear impressions to | “I understand that once I have given my consent for my footwear impressions to | ||
be retained and used I cannot withdraw this consent.” | be retained and used I cannot withdraw this consent.” | ||
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F2 The provisions for the retention of fingerprints, footwear impressions and samples in | 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 | paragraph 1 allow for all fingerprints, footwear impressions and samples in a case to | ||
be available for any subsequent miscarriage of justice investigation. | 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 | Annex G –Requirement for a person to attend a police station for fingerprints and | ||
samples. | samples. | ||
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1. A requirement under Schedule 2A for a person to attend a police station to have | 1. A requirement under Schedule 2A for a person to attend a police station to have | ||
fingerprints or samples taken: | fingerprints or samples taken: | ||
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(a) must give the person a period of at least seven days within which to attend the | (a) must give the person a period of at least seven days within which to attend the | ||
police station; and | police station; and | ||
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(b) may direct them to attend at a specified time of day or between specified times | (b) may direct them to attend at a specified time of day or between specified times | ||
of day. | of day. | ||
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2. When specifying the period and times of attendance, the officer making the | 2. When specifying the period and times of attendance, the officer making the | ||
requirements must consider whether the fingerprints or samples could reasonably be | 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 | taken at a time when the person is required to attend the police station for any other | ||
reason. See Note G1. | reason. See Note G1. | ||
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3. An officer of the rank of inspector or above may authorise a period shorter than 7 days | 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 | 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 | investigation of an offence. The fact of the authorisation and the reasons for giving it | ||
must be recorded as soon as practicable. | must be recorded as soon as practicable. | ||
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4. The constable making a requirement and the person to whom it applies may agree to | 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 | 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, | to attend. However, variation shall not have effect for the purposes of enforcement, | ||
unless it is confirmed by the constable in writing. | unless it is confirmed by the constable in writing. | ||
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Notes for Guidance | Notes for Guidance | ||
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G1 The specified period within which the person is to attend need not fall within the | G1 The specified period within which the person is to attend need not fall within the | ||
period allowed (if applicable) for making the requirement. | period allowed (if applicable) for making the requirement. | ||
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G2 To justify the arrest without warrant of a person who fails to comply with a 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 | (see paragraph 4.4(b) above), the officer making the requirement, or confirming a | ||
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understood what to do and the consequences of not complying with the requirement. | understood what to do and the consequences of not complying with the requirement. | ||
Codes of practice – Code D Identification of persons by police officers | Codes of practice – Code D Identification of persons by police officers | ||
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