Searches, Fingerprints and Samples

• Custody officer has to make a record of everything you bring to station
• No automatic right to search
• Non-intimate search if CO thinks necessary to record what D has with ime

• Code C
• Invovles the removal of more than outer clothing
• Only lawful if reasonable suspicion that suspect has an article which he should not be allowed to keep
• Must be done in a private area-cannot be seen by anyone who doesn't need to be present
• Same sex search
• Shouldn't berequired to remove all clothing at once
  • men can put top back on before removing trousers
  • women should be offered a robe to wear once she has removed top garment

• On authority of high ranking officer
• Police have reason to belive that suspect has item which could cause physical injury or is in possession of class A drugs
• A search of body orifices other than the mouth
• Drugs related-doctor or nurse
• Other items can be carried out by police if authorised by officer as above
  • other items can be search for by police if authorised but ideally by a doctor or nurse

• Can be taken prior to arrest if:
  • if reasonable suspicion that attempting, committing or has committed an offence

AND

• • name of person unknown or reasonable supicion that false
• At police station suspect will be asked but reasonable force can be used to obtain
• Record can be kept on database even if not charged but now only for 3 years if not charged
• Link to necessity test-is it necessary to carry out an arrest id you can get fingerprints to identify
• National Automated Fingerprint Identification System (NATS) in a matter of minutes identifys the person

• Can be taken by the police
• Right to use reasonable force

• Blood, Semenm any other tissue fluid, urine or pubic hair
• A dental impression
• A swab taken from any part of the genitals or from an orifice other than the mouth
• Only taken by a doctor or nurse
• With permission of the suspect
• Sample only taken when reasonable gorund for suspecting involvement ina recordable offence
• The sample can be checked againt other ones
• S62 and S63 PACE

• Until 2001, fingerprints and samples were only kept if found guilty
• CJPA 2001 iserted S64(1A) into PACE:
  • Fingerprints and samples 'may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except for purposes related to the prevention or detection of crime'
• Woman arrested for drunk driving. Took a sample of her DNA. Found to be close to that of a **** suspect. ****** likely to be a close realative of hers. Checked her family and this led to arrest of ******
•  S and Marper v UK (2008)
  • S was 11 at arrest and found not guilty of attempted robbery. Marper charged with harassment of his partner but the case had been later discontinued. Ds argued that the retention of their samples was contrary to their right to respect for private & family life under Article 8(1) of European Convention of Human Rights. European Court of Human Rights held that the indefinite detention of DNA samples of people who hadn't been convicted was a breach of art 8.
  • Parliament now passed Protection of Freedom Act 2012 which sets retention at 3 yrs unless they had a previous conviction for a recordable offence meanig the sample can be kept indefinitely