Legislation – National Security Act 2023
Changes to legislation:
There are currently no known outstanding effects for the National Security Act 2023, Paragraph 1.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Schedule 12Fingerprints and samples
Taking of fingerprints and samples: England, Wales and Northern Ireland
1
(1)
This paragraph applies at any time when a Part 2 notice is in force in respect of an individual in England, Wales or Northern Ireland.
(2)
A constable may take fingerprints or a non-intimate sample from the individual—
(a)
with the consent of the individual given in writing, or
(b)
without that consent.
(3)
A constable may use reasonable force, if necessary, for the purpose of exercising the power under sub-paragraph (2)(b).
(4)
Before any fingerprints or a non-intimate sample are taken the individual must be informed—
(a)
of the reason for taking the fingerprints or sample,
(b)
of the fact that the fingerprints or sample are taken under the power conferred by this paragraph, and
(c)
that the fingerprints or sample may be the subject of a relevant search.
(5)
The matters mentioned in sub-paragraph (4) must be recorded as soon as practicable after the fingerprints or non-intimate sample are taken.
(6)
The information mentioned in sub-paragraph (4) must be given by—
(a)
the constable taking the fingerprints or non-intimate sample, or
(b)
if the fingerprints or non-intimate sample are taken at a police station (see paragraph 3), any other officer.
(7)
Where a sample of hair other than pubic hair is to be taken under this paragraph, the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.