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code_d [2017/04/30 23:45]
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code_d [2018/12/21 14:48]
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-+====== ​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) + 
-+s67(7B) of the Police and Criminal Evidence Act 1984 (PACE) 
-+
-© 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 +
-+
-+
-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.
 +
 Codes of practice – Code D Identification of persons by police officers Codes of practice – Code D Identification of persons by police officers
-3 + 
-D+ 
 1 Introduction 1 Introduction
 +
 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.
 +
 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:
 +
 • 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
 +
 • 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.
 +
 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.
 +
 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:
 +
 • compare with fingerprints found at the scene of a crime • compare with fingerprints found at the scene of a crime
 +
 • check and prove convictions • check and prove convictions
 +
 • help to ascertain a person’s identity. • help to ascertain a person’s identity.
 +
 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.
 +
 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.
 +
 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.
 +
 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:
 +
 (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;
 +
 (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.
 +
 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.
 +
 (b) Fingerprints taken in connection with Immigration Service enquiries (b) Fingerprints taken in connection with Immigration Service enquiries
 +
 6. See paragraph 4.10. 6. See paragraph 4.10.
 +
 Notes for guidance Notes for guidance
 +
 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.
 +
 Examples of consent for: Examples of consent for:
 +
 • 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;​
 +
 • 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.
 +
 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.
-Codes of practice – Code D Identification of persons by police officers + 
-65 + 
-D+
 (a) DNA: (a) DNA:
 +
 (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:
 +
 “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”.
 +
 (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:
 +
 “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.”
 +
 “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”.
 +
 “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.”
 +
 (b) Fingerprints:​ (b) Fingerprints:​
 +
 (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:
 +
 “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.”
 +
 +
 (ii) Fingerprints to be retained for future use: (ii) Fingerprints to be retained for future use:
 +
 “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
-66 +
-D+
 “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.”
 +
 “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:
 +
 “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:
 +
 “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”.
 +
 “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.”
 +
 “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.”
 +
 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.
 +
 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:
 +
 (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
 +
 (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.
 +
 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.
 +
 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.
 +
 +
 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.
 +
 +
 Notes for Guidance Notes for Guidance
 +
 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.
 +
 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
-68+
code_d.txt · Last modified: 2018/12/21 14:48 by frescom