Section 34Part 4 — Powers, Duties and Privileges of Police Officers
Fingerprints
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34. (1) Except as provided by this section, a person’s fingerprints may not be taken without the appropriate consent.
Consent to the taking of a person’s fingerprints shall be in writing if it is given at a time when that person is at a police station.
The fingerprints of a person detained at a police station may be taken without the appropriate consent if —
that person is detained in consequence of that person’s arrest for an arrestable offence;
that person has been charged with an arrestable offence or informed that that person will be reported for such an offence; and
that person has not had that person’s fingerprints taken in the course of the investigation of the offence by the police.
Where a person mentioned in subsection (3) has already had that person’s fingerprints taken in the course of the investigation of the offence by the police, that fact shall be disregarded for the purposes of that subsection if —
the fingerprints taken on the previous occasion do not constitute a complete set of that person’s fingerprints; or
some or all of the fingerprints taken on the previous occasion are not of sufficient quality to allow satisfactory analysis, comparison or matching, whether in the case in question or generally.
The fingerprints of a person who has answered to bail at a court or police station may be taken without the appropriate consent at the court or station if —
the court; or
as the case may be, a police officer of at least the rank of Inspector, authorises them to be taken. Police Act (2021 Revision) Section 34 c Revised as at 31st December, 2020 Page 23
A court or police officer may only give an authorisation under subsection (5) if —
the person who has answered to bail has answered to it for a person whose fingerprints were taken on a previous occasion and there are reasonable grounds for believing that that person is not the same person; or
the person who has answered to bail claims to be a different person from a person whose fingerprints were taken on a previous occasion.
A police officer may give an authorisation under subsection (5), orally or in writing but, if the police officer gives it orally, that police officer shall confirm it in writing as soon as is practicable.
A person’s fingerprints may be taken without the appropriate consent if —
that person has been convicted of an arrestable offence; or
that person has been given a caution in respect of an arrestable offence which, at the time of the caution, that person has admitted.
A police officer may take a person’s fingerprints without the appropriate consent if the police officer reasonably suspects that the person is committing or attempting to commit an offence, or has committed or attempted to commit an offence and —
the name of the person is unknown to, and cannot be readily ascertained by, the police officer; or
the police officer has reasonable grounds for doubting whether a name furnished by the person as that person’s name is that person’s real name.
The taking of fingerprints by virtue of subsection (9) does not count for any of the purposes of this Act as taking them in the course of the investigation of an offence by the police.
In a case where by virtue of subsection (3), (5), (8) or (9) a person’s fingerprints are taken without the appropriate consent —
that person shall be told the reason before that person’s fingerprints are taken; and
the reason shall be recorded as soon as is practicable after the fingerprints are taken.
If a person’s fingerprints are taken at a police station, or by virtue of subsection (9) at a place other than a police station, whether with or without the appropriate consent —
before the fingerprints are taken, a police officer shall inform that person that the fingerprints may be the subject of a random search; and
the fact that the person has been informed of this possibility shall be recorded by the police officer as soon as is practicable after the fingerprints have been taken. Section 35 Police Act (2021 Revision) Page 24 Revised as at 31st December, 2020 c
If a person is detained at a police station when that person’s fingerprints are taken, the reason for taking them and, in the case falling within subsection (12), the fact referred to in paragraph (b) of that subsection shall be recorded on that person’s custody record.
The power to take the fingerprints of a person detained at a police station without the appropriate consent —
shall be exercisable by any police officer; and
may be exercised with reasonable force.
Any fingerprints taken pursuant to the provisions of this section shall be recorded on the form specified in Schedule 2.
Where fingerprints are taken electronically from a person, they shall be taken only in such manner, and using such devices, approved from time to time by the Commissioner in writing and published by Order in the Gazette.
Where fingerprints have been taken contrary to the procedure prescribed in this section, the failure to follow the prescribed procedure shall not render the fingerprint evidence inadmissible in any legal proceedings.
In this section and section 39, “fingerprints” includes a palm print.
Nothing in this section applies to any person —
arrested or detained under the Terrorism Act (2018 Revision); or
arrested under an extradition arrest power.