Legal issues
Taking
- Fingerprints (PACE section 61) and non-intimate samples such as a mouth swab (section 63) can be taken without consent from someone detained after arrest for a recordable offence.
- Photographs can be taken without consent (section 64A).
- Intimate samples (blood, urine and some others) need written consent and an inspector's authority (section 62). Refusing without good cause can lead a court to draw inferences.
Retention of fingerprints and DNA profiles
- Not charged, minor offence: deleted, unless you have a previous recordable conviction.
- Not charged, qualifying (serious) offence: deleted unless the independent commissioner responsible for biometrics agrees to retention for 3 years, extendable once by 2 years by a district judge.
- Charged with a qualifying offence but not convicted: kept for 3 years, extendable once by 2 years.
- Adult convicted or cautioned for a recordable offence: kept indefinitely.
- Under 18: special rules; a first minor conviction is usually kept for 5 years plus any custodial term.
DNA samples themselves must normally be destroyed within 6 months of being taken.
Evidence that matters
Your fingerprints and DNA profile are checked against national databases. A match is evidence the police may put to you in interview, so take advice before answering questions about it.
Reasonable lines of enquiry
If a match is alleged
- How and where the sample was recovered, and its chain of custody.
- Whether there is an innocent explanation for transfer, such as a shared home or prior lawful contact.
- Whether the forensic report addresses how, not just whether, DNA came to be there.
What happens next
If you are not charged, deletion of fingerprints and DNA is usually automatic. Custody photographs are not covered by the same statutory scheme; you can apply to the police force to have yours deleted. You can also apply for early deletion of records through the national Record Deletion Process.
Immediate steps
- Do not resist; force can be used lawfully.
- Ask your solicitor before consenting to an intimate sample.
- Keep a note of what was taken and when.
What should you send us?
Send the outcome letter (for example, no further action), the date of arrest and the police force.