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A person is:

  • reported for a recordable offence,
  • attends a Police Station voluntarily, and
  • is (subsequently) interviewed under caution, but not arrested.

Do they have to provide a DNA sample or fingerprints?

FD_bfa
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1 Answers1

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The police may take the fingerprints without consent

The relevant law can be found in the Police and Criminal Evidence Act 1984 ("PACE").

The relevant law on fingerprints can be found in Section 61 and the law is (broadly) analogous in relation to other DNA samples, which can be found in Section 63 of the same act.


Regarding fingerprints, Section 61, PACE states:

(5B)The fingerprints of a person not detained at a police station may be taken without the appropriate consent if ... he has been charged with a recordable offence or informed that he will be reported for such an offence and—

(a)he has not had his fingerprints taken in the course of the investigation of the offence by the police; or

(b)he has had his fingerprints taken in the course of that investigation but ...

I have omitted the exceptions in part (b), as they are unrelated to your substantive question (eg one exception includes an investigation that is discontinued and then subsequently resumed). However, if you are interested, see subsections 3A and 5C.


Here is the analogous provision for DNA in Section 63, PACE:

(3A) A non-intimate sample may be taken from a person (whether or not he is in police detention or held in custody by the police on the authority of a court) without the appropriate consent if he has been charged with a recordable offence or informed that he will be reported for such an offence and—

(a)he has not had a non-intimate sample taken from him in the course of the investigation of the offence by the police; or

(b)he has had a non-intimate sample taken from him ... but ...

(c)he has had a non-intimate sample taken from him ... and ...

Again, I have omitted the exceptions as they don't relate to your question, but you can read the complete list of these by referring to the full text of subsections 3A(b) and (c).

Mary
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FD_bfa
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