Section 35Part 4 — Powers, Duties and Privileges of Police Officers
Footprints and impressions of footwear
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35. (1) Except as provided by this section, a person’s footprint or impression of that person’s footwear may not be taken without the appropriate consent.
Consent to the taking of a person’s footprint or an impression of that person’s footwear shall be in writing if it is given at a time when that person is at a police station.
Where a person is detained at a police station, that person’s footprint or an impression of that person’s footwear may be taken without the appropriate consent if —
that person is detained in consequence of that person’s arrest for an arrestable offence, or has been charged with an arrestable offence, or informed that that person will be reported for an arrestable offence; and
that person has not had that person’s footprint or an impression taken of that person’s footwear in the course of the investigation of the offence by the police.
Where a person mentioned in subsection (3)(a) has already had that person’s footprint or an impression of that person’s footwear taken in the course of the investigation of the offence by the police, that fact shall be disregarded for the Police Act (2021 Revision) Section 36 c Revised as at 31st December, 2020 Page 25 purposes of that subsection if the footprint or impression of that person’s footwear taken previously is —
incomplete; or
is not of sufficient quality to allow satisfactory analysis, comparison or matching, whether in the case in question or generally.
If a footprint or an impression of a person’s footwear is taken at a police station, whether with or without the appropriate consent —
before it is taken, a police officer shall inform that person that it 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 impression has been taken, and if that person is detained at a police station, the record shall be made on that person’s custody record.
In a case where, by virtue of subsection (3), a person’s footprint or an impression of that person’s footwear is taken without the appropriate consent —
that person shall be told the reason before it is taken; and
the reason shall be recorded on that person’s custody record as soon as is practicable after the impression is taken.
The power to take a footprint or an impression of the footwear 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 footprint taken pursuant to the provisions of this section shall be recorded on the form specified in Schedule 2.
Where any footprints or impression of footwear have been taken contrary to the procedure prescribed in this section, the failure to follow the prescribed procedure shall not render the footprint or impression of footwear evidence inadmissible in any legal proceedings.
Nothing in this section applies to any person —
arrested or detained under the Terrorism Act (2018 Revision); or
arrested under an extradition arrest power.