Searches, fingerprints and body samples- Detention

Question 1

Do the police have an automatic right to search a suspect as soon as they get to the police station?

Answer 1

-No

Question 2

What are strip searches defined as in Code C?

Answer 2

‘involving the removal of more than outer clothing’

Question 3

What does Code C state is necessary for a strip search?

Answer 3

-has to be necessary to remove an article which a person in detention should not be allowed to keep if there is reasonable suspicion

Question 4

What rights are in place for a suspect during a strip search?
(4)

Answer 4

• No member of the opposite sex should be present
• Not required to remove all clothing at once
• Man should be allowed to put his shirt on before removal of trousers
• Woman should be given a garment to wear once she has removed her top

Question 5

Who authorises an intimate search?

Answer 5

-A high-ranking police officer

Question 6

What are the reasonable grounds for an intimate search? (2)

Answer 6

• Item which could be used to cause physical injury to themselves or others
• Possession of class A drugs

Question 7

What is defined as an intimate search?

Answer 7

-‘search which consists of the physical examination of a persons body orifices other than the mouth’

Question 8

Who conducts an intimate search for

• Drugs
• Other items

Answer 8

• Doctor or nurse/qualified person

- qualified person/another person if a high ranking police officer authorises it

Question 9

When is the first opportunity a police officer has to check the fingerprints of a suspect & why?

Answer 9

Can be taken prior to arrest away from the police station -To check against the National Automated Fingerprint Identification system

Question 10

When can an officer take fingerprints?

Answer 10

• when there are Reasonable grounds that the suspect has committed an offence
• when the Name is unknown and cannot be ascertained

Question 11

At the police station what powers does the police officer have to the finger prints of the detainee? (which is a non-intimate sample)

Answer 11

• The police officer will ask the detainee for their consent

- If they refuse officer may use reasonable force to take fingerprints

Question 12

Under PACE what is defined as an intimate sample?

3

Answer 12

a) a sample of blood, semen or other tissue fluid, urine or pubic hair
b) a dental impression
c) a swab taken from any part of a persons genitals or from a persons body orifice other than the mouth

Question 13

Who takes intimate samples? Consent?

Answer 13

• ONLY by a doctor or a nurse

- Permission of the suspect

Question 14

Until 2001, what was the law on the retention of samples?

Answer 14

Fingerprints and samples were only kept where the suspect was found guilty of an offence

Question 15

What did the Criminal Justice and Police Act 2001 s.64 (1A) do to the law of the retention of samples?

Answer 15

-Meant that fingerprints and samples could be kept even if the suspect was not even charged with the offence and put on the National Database

Question 16

What case challenged the Criminal Justice and Police Act 2001 s.64 (1A)?

Answer 16

S and Marper v United Kingdom (2008)

Question 17

What happened in the case S and Marper v United Kingdom (2008)

Answer 17

s was aged 11 at the time of arrest and found not guilty of attempted robbery.
Marper was charged with harassment of his partner and later discontinued
-Defendants argued that the retention of their samples violated their right to respect for private and family life under Art 8 (1) of the European convention on Human Rights.
-ECHR found that the indefinite retention of samples of someone who had not been convicted was a breach of Art 8 (1) of the ECHR

Question 18

Following the case S and Marper v United Kingdom 2008 how did the law changed? (2)

Answer 18

• Time limit for the retention of samples of someone found not guilty or not convicted was 6 years
• Now under the Protection of Freedoms Act 2012 the time limit for retention of fingerprints and DNA profiles is 3 years

Question 19

Who provides permission for the extra safeguard which has been implemented for those who have not been even been charged?

Answer 19

-Permission of the Commissioner for the Retention and Use of Biometric Material must be obtained

Question 20

In what circumstance does the 3 year retention of samples not apply when a person hasn’t been charged for that offence? (1)

Answer 20

-When they have a prior conviction for a recordable offence and so records may be kept indefinitely

Question 21

What sections of PACE are the powers of samples?

Answer 21

ss.62, 63 PACE

Question 22

What section of PACE are the powers to take fingerprints?

Answer 22

ss.61 PACE

Question 23

What sections of PACE are the powers to search ?

Answer 23

ss.54, 55 PACE , Code C

Question 24

What section of the Criminal Justice and Police Act 2001 changed the law on the retention of samples so that fingerprints and samples could be kept even if the suspect was not even charged with the offence and put on the National Database

Answer 24

s.64 (1A)

Question 25

What Act did S and Marper v United Kingdom (2008) challenge ?

Answer 25

s.64 (1A) of the Criminal Justice and Police Act 2001

Question 26

Following the case S and Marper v United Kingdom 2008, what was the time limit changed to regarding the retention of samples for those found not guilty or not convicted ?

Answer 26

6 years

Question 27

Under the Protection of Freedoms Act 2012 , how was the time limit on the retention of samples and DNA profiles altered?

Answer 27

from 6 years following S and Marper v UK 2008, then 3 years

Question 28

What was the name of the act which lowered the retention time for samples and DNA profiles from 6 years following S and Marper v UK 2008 to 3 years?

Answer 28

Protection of Freedoms Act 2012