Police Powers: When Can They Take Your Fingerprints?

Police powers to take fingerprints are a key part of modern policing and criminal investigations in England and Wales. Fingerprints can help identify suspects, link people to crime scenes, and ensure accurate records in law enforcement databases. However, these powers are subject to legal limits, safeguards, and procedural standards. This article explains when and how police can take fingerprints, what statutory powers authorise this, what rights individuals have, how fingerprints are retained or removed, and what the practical implications are for people involved in investigations. The aim is to make complex legal concepts clear and accessible to members of the public, solicitors, and students alike.

What Are Fingerprints and Why Are They Taken?

Fingerprints are unique ridge patterns on a person's fingers and palms that can be recorded for identification purposes. In policing, fingerprints may be used to:

• Check an individual's identity.
• Compare with prints found at a crime scene.
• Assist in investigating past or future offences.
• Help trace individuals wanted by the police.

Modern methods may use ink and paper cards or electronic live scan systems to capture prints and compare them against national databases.

Legal Framework: PACE and Related Law

The main statutory basis for police powers to take fingerprints is the Police and Criminal Evidence Act 1984 (PACE) and its Codes of Practice, particularly PACE Code D on identification. These rules have been updated over time, including changes introduced by later legislation such as the Protection of Freedoms Act 2012 and Police, Crime, Sentencing and Courts Act 2022.

Recordable and Qualifying Offences

Fingerprint powers under PACE generally apply only in relation to recordable offences - those for which the police are required to keep a record (typically more serious offences such as those punishable by imprisonment).

When Can Police Take Fingerprints Without Consent?

Police can take fingerprints without an individual's consent in specific situations defined by law. These powers arise under section 61 of PACE and related provisions of the Codes of Practice. Key circumstances include:

After Arrest for a Recordable Offence

If a person aged ten or over is detained at a police station following arrest for a recordable offence, their fingerprints may be taken without consent unless:

• They have already had an adequate set taken in the course of the investigation, and
• The existing prints are complete and of sufficient quality.

Before taking prints without consent, the person must be informed of the reason, the legal power being used, and any authorisation involved. Reasonable force may be used if necessary.

Following Conviction or Caution

Police may also take fingerprints without consent from people who:

• Have been convicted of a recordable offence,
• Received a caution for a recordable offence.

This applies when fingerprints have not previously been taken or if existing prints are incomplete or inadequate, and a senior officer authorises the action as necessary to assist in crime prevention or detection.

When Identity Cannot Be Verified

Under PACE section 61(6A), officers can take fingerprints without consent if they have reasonable grounds to suspect someone is committing or has committed an offence and:

• The person's real name is unknown or cannot be readily ascertained, or
• The officer has reasonable grounds to doubt the name given.

Prints taken under this power are used to check identity and may not be retained once checked.

Taking Fingerprints by Requirement to Attend

If fingerprints were not taken at the time of arrest or investigation, police can require a person to attend a police station to have prints taken. Under Schedule 2A of PACE (as reflected in Code D):

• A person may be given at least seven days' notice to attend a station.
• A senior officer (inspector or higher) may shorten this period in urgent cases.
• Failure to comply can lead to arrest without a warrant.

These powers allow police to ensure prints are collected where necessary for an investigation.

Consent and Voluntary Fingerprinting

Outside of the specific legal powers under PACE, police may ask for voluntary consent to take fingerprints. If consent is given, prints may be taken but must be clearly recorded as consensual. If a person refuses, police must rely on a statutory power to take prints without consent; they cannot compel consent.

Informing the Individual

Before fingerprints are taken without consent, the officer must inform the individual of:

• The reason fingerprints are being taken.
• The statutory power authorising the action.
• Where relevant, the authority for that power (for example, a senior officer's authorisation).

These details must be recorded in custodial records if prints are taken in custody, and use of force must also be documented if applied.

Storage and Retention of Fingerprints

Once taken, fingerprints may be stored on national police databases. However, retention rules vary depending on:

• The outcome of the case (for example, conviction or acquittal).
• Whether the offence is a qualifying offence (serious violent, sexual or terrorism offences).

Under the Protection of Freedoms Act 2012, fingerprints and DNA profiles can be retained for specified periods and retention may be reviewed by the Biometrics Commissioner. If retention is not justified, records must be deleted.

Rights and Practical Considerations

Challenging Fingerprint Collection

If you believe fingerprints were taken unlawfully - for example, without proper statutory authority or without correct notification - you can:

• Raise concerns with your solicitor.
• Make a complaint to the police force involved.
• Seek review of retention decisions via the Biometrics Commissioner.

Procedural errors may affect retention and use of prints in later proceedings.

Youth and Vulnerable Persons

If someone under 18 or a vulnerable adult is subject to fingerprinting, an appropriate adult should normally be present to support and ensure understanding of the process.

Common Scenarios Explained

Person detained after arrest: Police can take fingerprints without consent if the offence is recordable and sufficient prints are not already on file.

Convicted or cautioned individual: Prints can be taken without consent if necessary for detection of crime and authorised by a senior officer.

Unknown identity or dubious name: Police can take prints to verify identity where other means fail.

Voluntary attendance: Unless under a statutory requirement, voluntary fingerprinting is just that - if refused, police must rely on powers under PACE.

Key Takeaways

Police powers to take fingerprints in England and Wales are governed by clear statutory provisions and safeguards:

• Fingerprints can be taken without consent in defined circumstances, primarily under section 61 of PACE for recordable offences, convictions, cautions, or where identity is unclear.
• Before non‑consensual fingerprinting, individuals must be informed of the reason and statutory authority.
• Police can require attendance at a police station for fingerprints, with a notice period, and arrest for non‑compliance.
• Retention of fingerprints is subject to retention regimes, and individuals may seek review or deletion in certain cases.

Understanding these powers and safeguards helps individuals know when police can take fingerprints and how their personal biometric information may be used in the justice system.