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Feb 23, 2017 · PACE Code D governs the exercise by police of statutory powers to identify persons. It has effect from 23 February 2017 and it was revised following a statutory consultation.
- Pace Code D 2017 (Accessible)
1.7 The provisions of the Police and Criminal Evidence Act...
- PACE Code D 2023 (accessible)
Police and Criminal Evidence Act 1984 (PACE) – Code D....
- PACE Code D 2023
The revised PACE Code D has effect from 20 December 2023...
- Pace Code D 2017 (Accessible)
- 1 Introduction
- 2 General
- 3 Identification and recognition of suspects
- 4 Identification by fingerprints and footwear impressions
- 5 Examinations to establish identity and the taking of photographs
- 6 Identification by body samples and impressions
- Annex A: Video identification
- Annex B: Identification parades
1.1 This Code of Practice concerns the principal methods used by police to identify people in connection with the investigation of offences and the keeping of accurate and reliable criminal records. The powers and procedures in this code must be used fairly, responsibly, with respect for the people to whom they apply and without unlawful discrimination. Under the Equality Act 2010, section 149 (Public sector Equality Duty), police forces must, in carrying out their functions, have due regard to the need to eliminate unlawful discrimination, harassment, victimisation and any other conduct which is prohibited by that Act, to advance equality of opportunity between people who share a relevant protected characteristic and people who do not share it, and to foster good relations between those persons. The Equality Act also makes it unlawful for police officers to discriminate against, harass or victimise any person on the grounds of the ‘protected characteristics’ of age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, marriage and civil partnership, pregnancy and maternity when using their powers. See Note 1A.
1.2 In this Code, identification by an eye-witness arises when a witness who has seen the offender committing the crime and is given an opportunity to identify a person suspected of involvement in the offence in a video identification, identification parade or similar procedure. These eye-witness identification procedures which are in Part A of section 3 below, are designed to:
•test the eye-witness’ ability to identify the suspect as the person they saw on a previous occasion
•provide safeguards against mistaken identification.
While this Code concentrates on visual identification procedures, it does not prevent the police making use of aural identification procedures such as a “voice identification parade”, where they judge that appropriate. See Note 1B.
1.2 A In this Code, separate provisions in Part B of section 3 below, apply when any person, including a police officer, is asked if they recognise anyone they see in an image as being someone who is known to them and to test their claim that they recognise that person. These separate provisions are not subject to the eye-witnesses identification procedures described in paragraph 1.2.
2.1 This Code must be readily available at all police stations for consultation by:
•police officers and police staff
•detained persons
•members of the public
2.2 The provisions of this Code:
•include the Annexes
Part (A) Identification of a suspect by an eye-witness
3.0 This part applies when an eye-witness has seen a person committing a crime or in any other circumstances which tend to prove or disprove the involvement of the person they saw in a crime, for example, close to the scene of the crime, immediately before or immediately after it was committed. It sets out the procedures to be used to test the ability of that eye-witness to identify a person suspected of involvement in the offence (‘the suspect’) as the person they saw on the previous occasion. This part does not apply to the procedure described in Part B (see Note 3AA) which is used to test the ability of someone who is not an eye-witness, to recognise anyone whose image they see. 3.1 A record shall be made of the description of the suspect as first given by the eye-witness . This record must: (a) be made and kept in a form which enables details of that description to be accurately produced from it, in a visible and legible form, which can be given to the suspect or the suspect’s solicitor in accordance with this Code; and (b) unless otherwise specified, be made before the eye-witness takes part in any identification procedures under paragraphs 3.5 to 3.10, 3.21, 3.23 or Annex E (Showing Photographs to Eye-Witnesses). A copy of the record shall where practicable, be given to the suspect or their solicitor before any procedures under paragraphs 3.5 to 3.10, 3.21 or 3.23 are carried out. See Note 3E. 3.1 A References in this Part: (a) to the identity of the suspect being ‘known’ mean that there is sufficient information known to the police to establish, in accordance with Code G (Arrest), that there are reasonable grounds to suspect a particular person of involvement in the offence; (b) to the suspect being ‘available’ mean that the suspect is immediately available, or will be available within a reasonably short time, in order that they can be invited to take part in at least one of the eye-witness identification procedures under paragraphs 3.5 to 3.10 and it is practicable to arrange an effective procedure under paragraphs 3.5 to 3.10; and (c) to the eye-witness identification procedures under paragraphs 3.5 to 3.10 mean: Video identification (paragraphs 3.5 and 3.6); Identification parade (paragraphs 3.7 and 3.8); and Group identification (paragraphs 3.9 and 3.10). (a) Cases when the suspect’s identity is not known 3.2 In cases when the suspect’s identity is not known, an eye-witness may be taken to a particular neighbourhood or place to see whether they can identify the person they saw on a previous occasion. Although the number, age, sex, race, general description and style of clothing of other people present at the location and the way in which any identification is made cannot be controlled, the principles applicable to the formal procedures under paragraphs 3.5 to 3.10 shall be followed as far as practicable. For example: (a) where it is practicable to do so, a record should be made of the eye-witness’ description of the person they saw on the previous occasion, as in paragraph 3.1(a), before asking the eye-witness to make an identification; (b) Care must be taken not provide the eye-witness with any information concerning the description of the suspect (if such information is available) and not to direct the eye- witness’ attention to any individual unless, taking into account all the circumstances, this cannot be avoided. However, this does not prevent an eye-witness being asked to look carefully at the people around at the time or to look towards a group or in a particular direction, if this appears necessary to make sure that the witness does not overlook a possible suspect simply because the eye-witness is looking in the opposite direction and also to enable the eye-witness to make comparisons between any suspect and others who are in the area; (c) where there is more than one eye-witness, every effort should be made to keep them separate and eye-witnesses should be taken to see whether they can identify a person independently; (d) once there is sufficient information to establish, in accordance with paragraph 3.1A(a), that the suspect is ‘known’, e.g. after the eye-witness makes an identification, the provisions set out from paragraph 3.4 onwards shall apply for that and any other eye- witnesses in relation to that individual; (e) the officer or police staff accompanying the eye-witness must record, in their report book, the action taken as soon as practicable and in as much detail, as possible. The record should include: (i) the date, time and place of the relevant occasion when the eye-witness claims to have previously seen the person committing the offence in question or in any other circumstances which tend to prove or disprove the involvement of the person they saw in a crime (see paragraph 3.0); and (ii) where any identification was made: how it was made and the conditions at the time (e.g., the distance the eye- witness was from the suspect, the weather and light); if the eye-witness’s attention was drawn to the suspect; the reason for this; and anything said by the eye-witness or the suspect about the identification or the conduct of the procedure. See Note 3F 3.3 An eye-witness must not be shown photographs, computerised or artist’s composite likenesses or similar likenesses or pictures (including ‘E-fit’ images) if in accordance with paragraph 3.1A, the identity of the suspect is known and they are available to take part in one of the procedures under paragraphs 3.5 to 3.10. If the suspect’s identity is not known, the showing of any such images to an eye-witness to see if they can identify a person whose image they are shown as the person they saw on a previous occasion must be done in accordance with Annex E. (b) Cases when the suspect is known and available 3.4 If the suspect’s identity is known to the police (see paragraph 3.1A(a)) and they are available (see paragraph 3.1A(b)), the identification procedures that may be used are set out in paragraphs 3.5 to 3.10 below as follows: (i) video identification; (ii) identification parade; or (iii) group identification. (i) Video identification 3.5 A ‘video identification’ is when the eye-witness is shown images of a known suspect, together with similar images of others who resemble the suspect. Moving images must be used unless the conditions in sub-paragraph (a) or (b) below apply: (a) this sub-paragraph applies if: (i) the identification officer, in consultation with the officer in charge of the investigation, is satisfied that because of aging, or other physical changes or differences, the appearance of the suspect has significantly changed since the previous occasion when the eye-witness claims to have seen the suspect (see paragraph 3.0 and Note 3ZA); (ii) an image (moving or still) is available which the identification officer and the officer in charge of the investigation reasonably believe shows the appearance of the suspect as it was at the time the suspect was seen by the eye-witness; and (iii) having regard to the extent of change and the purpose of eye-witness identification procedures (see paragraph 3.0), the identification officer believes that that such an image should be shown to the eye-witness. In such a case, the identification officer may arrange a video identification procedure using the image described in (ii). In accordance with the ‘Notice to suspect’ (see paragraph 3.17(vi)), the suspect must first be given an opportunity to provide their own image(s) for use in the procedure but it is for the identification officer and officer in charge of the investigation to decide whether, following (ii) and (iii), any image(s) provided by the suspect should be used. A video identification using an image described above may, at the discretion of the identification officer be arranged in addition to, or as an alternative to, a video identification using moving images taken after the suspect has been given the information and notice described in paragraphs 3.17 and 3.18. See paragraph 3.21 and Note 3D in any case where the suspect deliberately takes steps to frustrate the eye-witness identification arrangements and procedures. (b) this sub-paragraph applies if, in accordance with paragraph 2A of Annex A of this Code, the identification officer does not consider that replication of a physical feature or concealment of the location of the feature can be achieved using a moving image. In these cases, still images may be used. 3.6 Video identifications must be carried out in accordance with Annex A. (ii) Identification parade 3.7 An ‘identification parade’ is when the eye-witness sees the suspect in a line of others who resemble the suspect. 3.8 Identification parades must be carried out in accordance with Annex B. (iii) Group identification 3.9 A ‘group identification’ is when the eye-witness sees the suspect in an informal group of people. 3.10 Group identifications must be carried out in accordance with Annex C. Arranging eye-witness identification procedures – duties of identification officer 3.11 Except as provided for in paragraph 3.19, the arrangements for, and conduct of, the eye- witness identification procedures in paragraphs 3.5 to 3.10 and circumstances in which any such identification procedure must be held shall be the responsibility of an officer not below inspector rank who is not involved with the investigation (‘the identification officer’). The identification officer may direct another officer or police staff, see paragraph 2.21, to make arrangements for, and to conduct, any of these identification procedures and except as provided for in paragraph 7 of Annex A, any reference in this section to the identification officer includes the officer or police staff to whom the arrangements for, and/or conduct of, any of these procedure has been delegated. In delegating these arrangements and procedures, the identification officer must be able to supervise effectively and either intervene or be contacted for advice. Where any action referred to in this paragraph is taken by another officer or police staff at the direction of the identification officer, the outcome shall, as soon as practicable, be reported to the identification officer. For the purpose of these procedures, the identification officer retains overall responsibility for ensuring that the procedure complies with this Code and in addition, in the case of detained suspect, their care and treatment until returned to the custody officer. Except as permitted by this Code, no officer or any other person involved with the investigation of the case against the suspect may take any part in these procedures or act as the identification officer. This paragraph does not prevent the identification officer from consulting the officer in charge of the investigation to determine which procedure to use. When an identification procedure is required, in the interest of fairness to suspects and eye-witnesses, it must be held as soon as practicable. Circumstances in which an eye-witness identification procedure must be held 3.12 If, before any identification procedure set out in paragraphs 3.5 to 3.10 has been held (a) an eye-witness has identified a suspect or purported to have identified them; or (b) there is an eye-witness available who expresses an ability to identify the suspect; or (c) there is a reasonable chance of an eye-witness being able to identify the suspect, and the eye-witness in (a) to (c) has not been given an opportunity to identify the suspect in any of the procedures set out in paragraphs 3.5 to 3.10, then an identification procedure shall be held if the suspect disputes being the person the eye-witness claims to have seen on a previous occasion (see paragraph 3.0), unless: (i) it is not practicable to hold any such procedure; or (ii) any such procedure would serve no useful purpose in proving or disproving whether the suspect was involved in committing the offence, for example where the suspect admits being at the scene of the crime and gives an account of what took place and the eye-witness does not see anything which contradicts that; or when it is not disputed that the suspect is already known to the eye-witness who claims to have recognised them when seeing them commit the crime. 3.13 An eye-witness identification procedure may also be held if the officer in charge of the investigation, after consultation with the identification officer, considers it would be useful. Selecting an eye-witness identification procedure 3.14 If, because of paragraph 3.12, an identification procedure is to be held, the suspect shall initially be invited to take part in a video identification unless: (a) a video identification is not practicable; or (b) an identification parade is both practicable and more suitable than a video identification; or (c) paragraph 3.16 applies. The identification officer and the officer in charge of the investigation shall consult each other to determine which option is to be offered. An identification parade may not be practicable because of factors relating to the witnesses, such as their number, state of health, availability and travelling requirements. A video identification would normally be more suitable if it could be arranged and completed sooner than an identification parade. Before an option is offered the suspect must also be reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5. 3.15 A suspect who refuses the identification procedure in which the suspect is first invited to take part shall be asked to state their reason for refusing and may get advice from their solicitor and/or if present, their appropriate adult. The suspect, solicitor and/or appropriate adult shall be allowed to make representations about why another procedure should be used. A record should be made of the reasons for refusal and any representations made. After considering any reasons given, and representations made, the identification officer shall, if appropriate, arrange for the suspect to be invited to take part in an alternative which the officer considers suitable and practicable. If the officer decides it is not suitable and practicable to invite the suspect to take part in an alternative identification procedure, the reasons for that decision shall be recorded. 3.16 A suspect may initially be invited to take part in a group identification if the officer in charge of the investigation considers it is more suitable than a video identification or an identification parade and the identification officer considers it practicable to arrange. Notice to suspect 3.17 Unless paragraph 3.20 applies, before any eye-witness identification procedure set out in paragraphs 3.5 to 3.10 is arranged, the following shall be explained to the suspect: (i) the purpose of the procedure (see paragraph 3.0); (ii) their entitlement to free legal advice; see Code C, paragraph 6.5; (iii) the procedures for holding it, including their right, subject to Annex A, paragraph 9, to have a solicitor or friend present; (iv) that they do not have to consent to or co-operate in the procedure; (v) that if they do not consent to, and co-operate in, a procedure, their refusal may be given in evidence in any subsequent trial and police may proceed covertly without their consent or make other arrangements to test whether an eye-witness can identify them, see paragraph 3.21; (vi) whether, for the purposes of a video identification procedure, images of them have previously been obtained either: in accordance with paragraph 3.20, and if so, that they may co-operate in providing further, suitable images to be used instead; or in accordance with paragraph 3.5(a), and if so, that they may provide their own images for the identification officer to consider using. (vii) if appropriate, the special arrangements for juveniles; (viii) if appropriate, the special arrangements for mentally disordered or otherwise mentally vulnerable people; (ix) that if they significantly alter their appearance between being offered an identification procedure and any attempt to hold an identification procedure, this may be given in evidence if the case comes to trial, and the identification officer may then consider other forms of identification, see paragraph 3.21 and Note 3C; (x) that a moving image or photograph may be taken of them when they attend for any identification procedure; (xi) whether, before their identity became known, the eye-witness was shown photographs, a computerised or artist’s composite likeness or similar likeness or image by the police, see Note 3B; (xii) that if they change their appearance before an identification parade, it may not be practicable to arrange one on the day or subsequently and, because of the appearance change, the identification officer may consider alternative methods of identification, see Note 3C; (xiii) that they or their solicitor will be provided with details of the description of the suspect as first given by any eye-witnesses who are to attend the procedure or confrontation, see paragraph 3.1. 3.18 This information must also be recorded in a written notice handed to the suspect. The suspect must be given a reasonable opportunity to read the notice, after which, they should be asked to sign a copy of the notice to indicate if they are willing to co-operate with the making of a video or take part in the identification parade or group identification. The signed copy shall be retained by the identification officer. 3.19 In the case of a detained suspect, the duties under paragraphs 3.17 and 3.18 may be performed by the custody officer or by another officer or police staff not involved in the investigation as directed by the custody officer, if: (a) it is proposed to release the suspect in order that an identification procedure can be arranged and carried out and an inspector is not available to act as the identification officer, see paragraph 3.11, before the suspect leaves the station; or (b) it is proposed to keep the suspect in police detention whilst the procedure is arranged and carried out and waiting for an inspector to act as the identification officer, see paragraph 3.11, would cause unreasonable delay to the investigation. The officer concerned shall inform the identification officer of the action taken and give them the signed copy of the notice. See Note 3C. 3.20 If the identification officer and officer in charge of the investigation suspect, on reasonable grounds that if the suspect was given the information and notice as in paragraphs 3.17 and 3.18, they would then take steps to avoid being seen by a witness in any identification procedure, the identification officer may arrange for images of the suspect suitable for use in a video identification procedure to be obtained before giving the information and notice. If suspect’s images are obtained in these circumstances, the suspect may, for the purposes of a video identification procedure, co-operate in providing new images which if suitable, would be used instead, see paragraph 3.17(vi). (c) Cases when the suspect is known but not available 3.21 When a known suspect is not available or has ceased to be available, see paragraph 3.1A, the identification officer may make arrangements for a video identification (see paragraph 3.5 and Annex A). If necessary, the identification officer may follow the video identification procedures using any suitable moving or still images and these may be obtained covertly if necessary. Alternatively, the identification officer may make arrangements for a group identification without the suspect’s consent (see Annex C paragraph 34). See Note 3D. These provisions may also be applied to juveniles where the consent of their parent or guardian is either refused or reasonable efforts to obtain that consent have failed (see paragraph 2.12). 3.22 Any covert activity should be strictly limited to that necessary to test the ability of the eye- witness to identify the suspect as the person they saw on the relevant previous occasion. 3.23 The identification officer may arrange for the suspect to be confronted by the eye-witness if none of the options referred to in paragraphs 3.5 to 3.10 or 3.21 are practicable. A “confrontation” is when the suspect is directly confronted by the eye-witness. A confrontation does not require the suspect’s consent. Confrontations must be carried out in accordance with Annex D. 3.24 Requirements for information to be given to, or sought from, a suspect or for the suspect to be given an opportunity to view images before they are shown to an eye-witness, do not apply if the suspect’s lack of co-operation prevents the necessary action. (d) Documentation 3.25 A record shall be made of the video identification, identification parade, group identification or confrontation on forms provided for the purpose. 3.26 If the identification officer considers it is not practicable to hold a video identification or identification parade requested by the suspect, the reasons shall be recorded and explained to the suspect. 3.27 A record shall be made of a person’s failure or refusal to co-operate in a video identification, identification parade or group identification and, if applicable, of the grounds for obtaining images in accordance with paragraph 3.20. (e) Not used 3.28 Not used. 3.29 Not used. (f) Destruction and retention of photographs taken or used in eye-witness identification procedures 3.30 PACE, section 64A, see paragraph 5.12, provides powers to take photographs of suspects and allows these photographs to be used or disclosed only for purposes related to the prevention or detection of crime, the investigation of offences or the conduct of prosecutions by, or on behalf of, police or other law enforcement and prosecuting authorities inside and outside the United Kingdom or the enforcement of a sentence. After being so used or disclosed, they may be retained but can only be used or disclosed for the same purposes. 3.31 Subject to paragraph 3.33, the photographs (and all negatives and copies), of suspects not taken in accordance with the provisions in paragraph 5.12 which are taken for the purposes of, or in connection with, the identification procedures in paragraphs 3.5 to 3.10, 3.21 or 3.23 must be destroyed unless the suspect: (a) is charged with, or informed they may be prosecuted for, a recordable offence; (b) is prosecuted for a recordable offence; (c) is cautioned for a recordable offence or given a warning or reprimand in accordance with the Crime and Disorder Act 1998 for a recordable offence; or (d) gives informed consent, in writing, for the photograph or images to be retained for purposes described in paragraph 3.30. 3.32 When paragraph 3.31 requires the destruction of any photograph, the person must be given an opportunity to witness the destruction or to have a certificate confirming the destruction if they request one within five days of being informed that the destruction is required. 3.33 Nothing in paragraph 3.31 affects any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations.
Part (B) Recognition by controlled showing of films, photographs and images
3.34 This Part of this section applies when, for the purposes of obtaining evidence of recognition, arrangements are made for a person, including a police officer, who is not an eye-witness (see Note 3AA): (a) to view a film, photograph or any other visual medium; and (b) on the occasion of the viewing, to be asked whether they recognise anyone whose image is shown in the material as someone who is known to them. The arrangements for such viewings may be made by the officer in charge of the relevant investigation. Although there is no requirement for the identification officer to make the arrangements or to be consulted about the arrangements, nothing prevents this. See Notes 3AA and 3G. 3.35 To provide safeguards against mistaken recognition and to avoid any possibility of collusion, on the occasion of the viewing, the arrangements should ensure: (a) that the films, photographs and other images are shown on an individual basis; (b) that any person who views the material; (i) is unable to communicate with any other individual to whom the material has been, or is to be, shown; (ii) is not reminded of any photograph or description of any individual whose image is shown or given any other indication as to the identity of any such individual; (iii) is not be told whether a previous witness has recognised any one; (c) that immediately before a person views the material, they are told that: (i) an individual who is known to them may, or may not, appear in the material they are shown and that if they do not recognise anyone, they should say so; (ii) at any point, they may ask to see a particular part of the material frozen for them to study and there is no limit on how many times they can view the whole or any part or parts of the material; and (d) that the person who views the material is not asked to make any decision as to whether they recognise anyone whose image they have seen as someone known to them until they have seen the whole of the material at least twice, unless the officer in charge of the viewing decides that because of the number of images the person has been invited to view, it would not be reasonable to ask them to view the whole of the material for a second time. A record of this decision must be included in the record that is made in accordance with paragraph 3.36. (see Note 3G). 3.36 A record of the circumstances and conditions under which the person is given an opportunity to recognise an individual must be made and the record must include: (a) whether the person knew or was given information concerning the name or identity of any suspect; (b) what the person has been told before the viewing about the offence, the person(s) depicted in the images or the offender and by whom; (c) how and by whom the witness was asked to view the image or look at the individual; (d) whether the viewing was alone or with others and if with others, the reason for it; (e) the arrangements under which the person viewed the film or saw the individual and by whom those arrangements were made; (f) subject to paragraph 2.18, the name and rank of the officer responsible for deciding that the viewing arrangements should be made in accordance with this Part; (g) the date time and place images were viewed or further viewed or the individual was seen; (h) the times between which the images were viewed or the individual was seen; (i) how the viewing of images or sighting of the individual was controlled and by whom; (j) whether the person was familiar with the location shown in any images or the place where they saw the individual and if so, why; (k) whether or not, on this occasion, the person claims to recognise any image shown, or any individual seen, as being someone known to them, and if they do: (i) the reason; (ii) the words of recognition; (iii) any expressions of doubt; and (iv) what features of the image or the individual triggered the recognition. 3.37 The record required under paragraph 3.36 may be made by the person who views the image or sees the individual and makes the recognition; and if applicable, by the officer or police staff in charge of showing the images to that person or in charge of the conditions under which that person sees the individual. The person must be asked to read and check the completed record and as applicable, confirm that it is correctly and accurately reflects the part they played in the viewing (see Note 3H).
Part (C) Recognition by uncontrolled viewing of films, photographs and images
3.38 This Part applies when, for the purpose of identifying and tracing suspects, films and photographs of incidents or other images are: (a) shown to the public (which may include police officers and police staff as well as members of the public) through the national or local media or any social media networking site; or (b) circulated through local or national police communication systems for viewing by police officers and police staff; and the viewing is not formally controlled and supervised as set out in Part B. 3.39 A copy of the relevant material released to the national or local media for showing as described in sub-paragraph 3.38(a), shall be kept. The suspect or their solicitor shall be allowed to view such material before any eye-witness identification procedure under paragraphs 3.5 to 3.10, 3.21 or 3.23 of Part A are carried out, provided it is practicable and would not unreasonably delay the investigation. This paragraph does not affect any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations that might apply to sub-paragraphs 3.38(a) and (b). 3.40 Each eye-witness involved in any eye-witness identification procedure under paragraphs 3.5 to 3.10, 3.21 or 3.23 shall be asked, after they have taken part, whether they have seen any film, photograph or image relating to the offence or any description of the suspect which has been broadcast or published as described in paragraph 3.38(a) and their reply recorded. If they have, they should be asked to give details of the circumstances and subject to the eye-witness’s recollection, the record described in paragraph 3.41 should be completed. 3.41 As soon as practicable after an individual (member of the public, police officer or police staff) indicates in response to a viewing that they may have information relating to the identity and whereabouts of anyone they have seen in that viewing, arrangements should be made to ensure that they are asked to give details of the circumstances and, subject to the individual’s recollection, a record of the circumstances and conditions under which the viewing took place is made. This record shall be made in accordance with the provisions of paragraph 3.36 insofar as they can be applied to the viewing in question (see Note 3H).
(A) Taking fingerprints in connection with a criminal investigation
(a) General 4.1 References to ‘fingerprints’ means any record, produced by any method, of the skin pattern and other physical characteristics or features of a person’s: (i) fingers; or (ii) palms. (b) Action 4.2 A person’s fingerprints may be taken in connection with the investigation of an offence only with their consent or if paragraph 4.3 applies. If the person is at a police station, consent must be in writing. 4.3 PACE, section 61, provides powers to take fingerprints without consent from any person aged ten or over as follows: (a) under section 61(3), from a person detained at a police station in consequence of being arrested for a recordable offence, see Note 4A, if they have not had their fingerprints taken in the course of the investigation of the offence unless those previously taken fingerprints are not a complete set or some or all of those fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching. (b) under section 61(4), from a person detained at a police station who has been charged with a recordable offence, see Note 4A, or informed they will be reported for such an offence if they have not had their fingerprints taken in the course of the investigation of the offence unless those previously taken fingerprints are not a complete set or some or all of those fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching. (c) under section 61(4A), from a person who has been bailed to appear at a court or police station if the person: (i) has answered to bail for a person whose fingerprints were taken previously and there are reasonable grounds for believing they are not the same person; or (ii) who has answered to bail claims to be a different person from a person whose fingerprints were previously taken; and in either case, the court or an officer of inspector rank or above, authorises the fingerprints to be taken at the court or police station (an inspector’s authority may be given in writing or orally and confirmed in writing, as soon as practicable); (ca) under section 61(5A) from a person who has been arrested for a recordable offence and released if the person: (i) is on bail and has not had their fingerprints taken in the course of the investigation of the offence, or; (ii) has had their fingerprints taken in the course of the investigation of the offence, but they do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching. (cb) under section 61(5B) from a person not detained at a police station who has been charged with a recordable offence or informed they will be reported for such an offence if: (i) they have not had their fingerprints taken in the course of the investigation; or (ii) their fingerprints have been taken in the course of the investigation of the offence but either: they do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching; or the investigation was discontinued but subsequently resumed and, before the resumption, their fingerprints were destroyed pursuant to section 63D(3). (d) under section 61(6), from a person who has been: (i) convicted of a recordable offence; or (ii) given a caution in respect of a recordable offence (see Note 4A) which, at the time of the caution, the person admitted; if, since being convicted or cautioned: their fingerprints have not been taken; or their fingerprints which have been taken do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching; and in either case, an officer of inspector rank or above is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime and authorises the taking; (e) under section 61(6A) from a person a constable reasonably suspects is committing or attempting to commit, or has committed or attempted to commit, any offence if either: (i) the person’s name is unknown to, and cannot be readily ascertained by, the constable; or (ii) the constable has reasonable grounds for doubting whether a name given by the person as their name is their real name. Note: fingerprints taken under this power are not regarded as having been taken in the course of the investigation of an offence. [See Note 4C] (f) under section 61(6D) from a person who has been convicted outside England and Wales of an offence which if committed in England and Wales would be a qualifying offence as defined by PACE, section 65A (see Note 4AB) if: (i) the person’s fingerprints have not been taken previously under this power or their fingerprints have been so taken on a previous occasion but they do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality to allow satisfactory analysis, comparison or matching; and (ii) a police officer of inspector rank or above is satisfied that taking fingerprints is necessary to assist in the prevention or detection of crime and authorises them to be taken. 4.4 PACE, section 63A(4) and Schedule 2A provide powers to: (a) make a requirement (in accordance with Annex G) for a person to attend a police station to have their fingerprints taken in the exercise of one of the following powers (described in paragraph 4.3 above) within certain periods as follows: (i) section 61(5A) – Persons arrested for a recordable offence and released, see paragraph 4.3(ca): In the case of a person whose fingerprints were taken in the course of the investigation but those fingerprints do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality, the requirement may not be made more than six months from the day the investigating officer was informed that the fingerprints previously taken were incomplete or below standard. In the case of a person whose fingerprints were destroyed prior to the resumption of the investigation, the requirement may not be made more than six months from the day on which the investigation resumed. (ii) section 61(5B) – Persons not detained at a police station charged etc. with a recordable offence, see paragraph 4.3(cb): The requirement may not be made more than six months from: the day the person was charged or informed that they would be reported, if fingerprints have not been taken in the course of the investigation of the offence; or the day the investigating officer was informed that the fingerprints previously taken were incomplete or below standard, if fingerprints have been taken in the course of the investigation but those fingerprints do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality; or the day on which the investigation was resumed, in the case of a person whose fingerprints were destroyed prior to the resumption of the investigation. (iii) section 61(6) – Persons convicted or cautioned for a recordable offence in England and Wales, see paragraph 4.3(d): Where the offence for which the person was convicted or cautioned is a qualifying offence (see Note 4AB), there is no time limit for the exercise of this power. Where the conviction or caution is for a recordable offence which is not a qualifying offence, the requirement may not be made more than two years from: in the case of a person who has not had their fingerprints taken since the conviction or caution, the day on which the person was convicted or cautioned, or, if later, the day on which Schedule 2A came into force (March 7, 2011), ; or in the case of a person whose fingerprints have been taken in the course of the investigation but those fingerprints do not constitute a complete set or some, or all, of the fingerprints are not of sufficient quality, the day on which an officer from the force investigating the offence was informed that the fingerprints previously taken were incomplete or below standard, or, if later, the day on which Schedule 2A came into force (March 7, 2011). (iv) section 61(6D) – A person who has been convicted of a qualifying offence (see Note 4AB) outside England and Wales, see paragraph 4.3(g): There is no time limit for making the requirement. Note: A person who has had their fingerprints taken under any of the powers in section 61 mentioned in paragraph 4.3 on two occasions in relation to any offence may not be required under Schedule 2A to attend a police station for their fingerprints to be taken again under section 61 in relation to that offence, unless authorised by an officer of inspector rank or above. The fact of the authorisation and the reasons for giving it must be recorded as soon as practicable. (b) arrest, without warrant, a person who fails to comply with the requirement. 4.5 A person’s fingerprints may be taken, as above, electronically. 4.6 Reasonable force may be used, if necessary, to take a person’s fingerprints without their consent under the powers as in paragraphs 4.3 and 4.4. 4.7 Before any fingerprints are taken: (a) without consent under any power mentioned in paragraphs 4.3 and 4.4 above, the person must be informed of: (i) the reason their fingerprints are to be taken; (ii) the power under which they are to be taken; and (iii) the fact that the relevant authority has been given if any power mentioned in paragraph 4.3(c), (d) or (f) applies (b) with or without consent at a police station or elsewhere, the person must be informed: (i) that their fingerprints may be subject of a speculative search against other fingerprints, see Note 4B; and (ii) that their fingerprints may be retained in accordance with Annex F, Part (a) unless they were taken under the power mentioned in paragraph 4.3(e) when they must be destroyed after they have being checked (See Note 4C). (c) Documentation 4.8 A A record must be made as soon as practicable after the fingerprints are taken, of: the matters in paragraph 4.7(a)(i) to (iii) and the fact that the person has been informed of those matters; and the fact that the person has been informed of the matters in paragraph 4.7(b)(i) and (ii). The record must be made in the person’s custody record if they are detained at a police station when the fingerprints are taken. 4.8 If force is used, a record shall be made of the circumstances and those present. 4.9 Not used
(B) Not used
4.10 Not used 4.11 Not used 4.12 Not used 4.13 Not used 4.14 Not used 4.15 Not used
(C) Taking footwear impressions in connection with a criminal investigation
(a) Action 4.16 Impressions of a person’s footwear may be taken in connection with the investigation of an offence only with their consent or if paragraph 4.17 applies. If the person is at a police station consent must be in writing. 4.17 PACE, section 61A, provides power for a police officer to take footwear impressions without consent from any person over the age of ten years who is detained at a police station: (a) in consequence of being arrested for a recordable offence, see Note 4A; or if the detainee has been charged with a recordable offence, or informed they will be reported for such an offence; and (b) the detainee has not had an impression of their footwear taken in the course of the investigation of the offence unless the previously taken impression is not complete or is not of sufficient quality to allow satisfactory analysis, comparison or matching (whether in the case in question or generally). 4.18 Reasonable force may be used, if necessary, to take a footwear impression from a detainee without consent under the power in paragraph 4.17. 4.19 Before any footwear impression is taken with, or without, consent as above, the person must be informed: (a) of the reason the impression is to be taken; (b) that the impression may be retained and may be subject of a speculative search against other impressions, see Note 4B, unless destruction of the impression is required in accordance with Annex F, Part B. (b) Documentation 4.20 A record must be made, as soon as possible, of the reason for taking a person’s footwear impressions without consent. If force is used, a record shall be made of the circumstances and those present. 4.21 A record shall be made when a person has been informed under the terms of paragraph 4.19(b), of the possibility that their footwear impressions may be subject of a speculative search.
(A) Detainees at police stations
(a) Searching or examination of detainees at police stations 5.1 PACE, section 54A(1), allows a detainee at a police station to be searched or examined or both, to establish: (a) whether they have any marks, features or injuries that would tend to identify them as a person involved in the commission of an offence and to photograph any identifying marks, see paragraph 5.5; or (b) their identity, see Note 5A. A person detained at a police station to be searched under a stop and search power, see Code A, is not a detainee for the purposes of these powers. 5.2 A search and/or examination to find marks under section 54A (1) (a) may be carried out without the detainee’s consent, see paragraph 2.12, only if authorised by an officer of at least inspector rank when consent has been withheld or it is not practicable to obtain consent, see Note 5D. 5.3 A search or examination to establish a suspect’s identity under section 54A (1) (b) may be carried out without the detainee’s consent, see paragraph 2.12, only if authorised by an officer of at least inspector rank when the detainee has refused to identify themselves or the authorising officer has reasonable grounds for suspecting the person is not who they claim to be. 5.4 Any marks that assist in establishing the detainee’s identity, or their identification as a person involved in the commission of an offence, are identifying marks. Such marks may be photographed with the detainee’s consent, see paragraph 2.12; or without their consent if it is withheld or it is not practicable to obtain it, see Note 5D. 5.5 A detainee may only be searched, examined and photographed under section 54A, by a police officer of the same sex. 5.6 Any photographs of identifying marks, taken under section 54A, may be used or disclosed only for purposes related to the prevention or detection of crime, the investigation of offences or the conduct of prosecutions by, or on behalf of, police or other law enforcement and prosecuting authorities inside, and outside, the UK. After being so used or disclosed, the photograph may be retained but must not be used or disclosed except for these purposes, see Note 5B. 5.7 The powers, as in paragraph 5.1, do not affect any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations. 5.8 Authority for the search and/or examination for the purposes of paragraphs 5.2 and 5.3 may be given orally or in writing. If given orally, the authorising officer must confirm it in writing as soon as practicable. A separate authority is required for each purpose which applies. 5.9 If it is established a person is unwilling to co-operate sufficiently to enable a search and/or examination to take place or a suitable photograph to be taken, an officer may use reasonable force to: (a) search and/or examine a detainee without their consent; and (b) photograph any identifying marks without their consent. 5.10 The thoroughness and extent of any search or examination carried out in accordance with the powers in section 54A must be no more than the officer considers necessary to achieve the required purpose. Any search or examination which involves the removal of more than the person’s outer clothing shall be conducted in accordance with Code C, Annex A, paragraph 11. 5.11 An intimate search may not be carried out under the powers in section 54A. (b) Photographing detainees at police stations and other persons elsewhere than at a police station 5.12 Under PACE, section 64A, an officer may photograph: (a) any person whilst they are detained at a police station; and (b) any person who is elsewhere than at a police station and who has been: (i) arrested by a constable for an offence; (ii) taken into custody by a constable after being arrested for an offence by a person other than a constable; (iii) made subject to a requirement to wait with a community support officer under paragraph 2(3) or (3B) of Schedule 4 to the Police Reform Act 2002; (iiia) given a direction by a constable under section 27 of the Violent Crime Reduction Act 2006. (iv) given a penalty notice by a constable in uniform under Chapter 1 of Part 1 of the Criminal Justice and Police Act 2001, a penalty notice by a constable under section 444A of the Education Act 1996, or a fixed penalty notice by a constable in uniform under section 54 of the Road Traffic Offenders Act 1988; (v) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 4 to the Police Reform Act 2002) by a community support officer by virtue of a designation applying that paragraph to him; (vi) given a notice in relation to a relevant fixed penalty offence (within the meaning of paragraph 1 of Schedule 5 to the Police Reform Act 2002) by an accredited person by virtue of accreditation specifying that that paragraph applies to him; or (vii) given a direction to leave and not return to a specified location for up to 48 hours by a police constable (under section 27 of the Violent Crime Reduction Act 2006). 5.12 A Photographs taken under PACE, section 64A: (a) may be taken with the person’s consent, or without their consent if consent is withheld or it is not practicable to obtain their consent, see Note 5E; and (b) may be used or disclosed only for purposes related to the prevention or detection of crime, the investigation of offences or the conduct of prosecutions by, or on behalf of, police or other law enforcement and prosecuting authorities inside and outside the United Kingdom or the enforcement of any sentence or order made by a court when dealing with an offence. After being so used or disclosed, they may be retained but can only be used or disclosed for the same purposes. See Note 5B. 5.13 The officer proposing to take a detainee’s photograph may, for this purpose, require the person to remove any item or substance worn on, or over, all, or any part of, their head or face. If they do not comply with such a requirement, the officer may remove the item or substance. 5.14 If it is established the detainee is unwilling to co-operate sufficiently to enable a suitable photograph to be taken and it is not reasonably practicable to take the photograph covertly, an officer may use reasonable force, see Note 5F. (a) to take their photograph without their consent; and (b) for the purpose of taking the photograph, remove any item or substance worn on, or over, all, or any part of, the person’s head or face which they have failed to remove when asked. 5.15 For the purposes of this Code, a photograph may be obtained without the person’s consent by making a copy of an image of them taken at any time on a camera system installed anywhere in the police station. (c) Information to be given 5.16 When a person is searched, examined or photographed under the provisions as in paragraph 5.1 and 5.12, or their photograph obtained as in paragraph 5.15, they must be informed of the: (a) purpose of the search, examination or photograph; (b) grounds on which the relevant authority, if applicable, has been given; and (c) purposes for which the photograph may be used, disclosed or retained. This information must be given before the search or examination commences or the photograph is taken, except if the photograph is: (i) to be taken covertly; (ii) obtained as in paragraph 5.15, in which case the person must be informed as soon as practicable after the photograph is taken or obtained. (d) Documentation 5.17 A record must be made when a detainee is searched, examined, or a photograph of the person, or any identifying marks found on them, are taken. The record must include the: (a) identity, subject to paragraph 2.18, of the officer carrying out the search, examination or taking the photograph; (b) purpose of the search, examination or photograph and the outcome; (c) detainee’s consent to the search, examination or photograph, or the reason the person was searched, examined or photographed without consent; (d) giving of any authority as in paragraphs 5.2 and 5.3, the grounds for giving it and the authorising officer. 5.18 If force is used when searching, examining or taking a photograph in accordance with this section, a record shall be made of the circumstances and those present.
(B) Persons at police stations not detained
5.19 When there are reasonable grounds for suspecting the involvement of a person in a criminal offence, but that person is at a police station voluntarily and not detained, the provisions of paragraphs 5.1 to 5.18 should apply, subject to the modifications in the following paragraphs. 5.20 References to the ‘person being detained’ and to the powers mentioned in paragraph 5.1 which apply only to detainees at police stations shall be omitted. 5.21 Force may not be used to: (a) search and/or examine the person to: (i) discover whether they have any marks that would tend to identify them as a person involved in the commission of an offence; or (ii) establish their identity, see Note 5A; (b) take photographs of any identifying marks, see paragraph 5.4; or (c) take a photograph of the person. 5.22 Subject to paragraph 5.24, the photographs of persons or of their identifying marks which are not taken in accordance with the provisions mentioned in paragraphs 5.1 or 5.12, must be destroyed (together with any negatives and copies) unless the person: (a) is charged with, or informed they may be prosecuted for, a recordable offence; (b) is prosecuted for a recordable offence; (c) is cautioned for a recordable offence or given a warning or reprimand in accordance with the Crime and Disorder Act 1998 for a recordable offence; or (d) gives informed consent, in writing, for the photograph or image to be retained as in paragraph 5.6. 5.23 When paragraph 5.22 requires the destruction of any photograph, the person must be given an opportunity to witness the destruction or to have a certificate confirming the destruction provided they so request the certificate within five days of being informed the destruction is required. 5.24 Nothing in paragraph 5.22 affects any separate requirement under the Criminal Procedure and Investigations Act 1996 to retain material in connection with criminal investigations.
Notes for guidance
5A The conditions under which fingerprints may be taken to assist in establishing a person’s identity, are described in Section 4. 5B Examples of purposes related to the prevention or detection of crime, the investigation of offences or the conduct of prosecutions include: (a) checking the photograph against other photographs held in records or in connection with, or as a result of, an investigation of an offence to establish whether the person is liable to arrest for other offences; (b) when the person is arrested at the same time as other people, or at a time when it is likely that other people will be arrested, using the photograph to help establish who was arrested, at what time and where; (c) when the real identity of the person is not known and cannot be readily ascertained or there are reasonable grounds for doubting a name and other personal details given by the person, are their real name and personal details. In these circumstances, using or disclosing the photograph to help to establish or verify their real identity or determine whether they are liable to arrest for some other offence, e.g. by checking it against other photographs held in records or in connection with, or as a result of, an investigation of an offence; (d) when it appears any identification procedure in section 3 may need to be arranged for which the person’s photograph would assist; (e) when the person’s release without charge may be required, and if the release is: (i) on bail to appear at a police station, using the photograph to help verify the person’s identity when they answer their bail and if the person does not answer their bail, to assist in arresting them; or (ii) without bail, using the photograph to help verify their identity or assist in locating them for the purposes of serving them with a summons to appear at court in criminal proceedings; (f) when the person has answered to bail at a police station and there are reasonable grounds for doubting they are the person who was previously granted bail, using the photograph to help establish or verify their identity; (g) when the person arrested on a warrant claims to be a different person from the person named on the warrant and a photograph would help to confirm or disprove their claim; (h) when the person has been charged with, reported for, or convicted of, a recordable offence and their photograph is not already on record as a result of (a) to (f) or their photograph is on record but their appearance has changed since it was taken and the person has not yet been released or brought before a court. 5C There is no power to arrest a person convicted of a recordable offence solely to take their photograph. The power to take photographs in this section applies only where the person is in custody as a result of the exercise of another power, e.g. arrest for fingerprinting under PACE, Schedule 2A, paragraph 17. 5D Examples of when it would not be practicable to obtain a detainee’s consent, see paragraph 2.12, to a search, examination or the taking of a photograph of an identifying mark include: (a) when the person is drunk or otherwise unfit to give consent; (b) when there are reasonable grounds to suspect that if the person became aware a search or examination was to take place or an identifying mark was to be photographed, they would take steps to prevent this happening, e.g. by violently resisting, covering or concealing the mark etc and it would not otherwise be possible to carry out the search or examination or to photograph any identifying mark; (c) in the case of a juvenile, if the parent or guardian cannot be contacted in sufficient time to allow the search or examination to be carried out or the photograph to be taken. 5E Examples of when it would not be practicable to obtain the person’s consent, see paragraph 2.12, to a photograph being taken include: (a) when the person is drunk or otherwise unfit to give consent; (b) when there are reasonable grounds to suspect that if the person became aware a photograph, suitable to be used or disclosed for the use and disclosure described in paragraph 5.6, was to be taken, they would take steps to prevent it being taken, e.g. by violently resisting, covering or distorting their face etc, and it would not otherwise be possible to take a suitable photograph; (c) when, in order to obtain a suitable photograph, it is necessary to take it covertly; and (d) in the case of a juvenile, if the parent or guardian cannot be contacted in sufficient time to allow the photograph to be taken. 5F The use of reasonable force to take the photograph of a suspect elsewhere than at a police station must be carefully considered. In order to obtain a suspect’s consent and co- operation to remove an item of religious headwear to take their photograph, a constable should consider whether in the circumstances of the situation the removal of the headwear and the taking of the photograph should be by an officer of the same sex as the person. It would be appropriate for these actions to be conducted out of public view (see paragraph 1.1 and Note 1A).
(A) General
6.1 References to: (a) an ‘intimate sample’ mean a dental impression or sample of blood, semen or any other tissue fluid, urine, or pubic hair, or a swab taken from any part of a person’s genitals or from a person’s body orifice other than the mouth; (b) a ‘non-intimate sample’ means: (i) a sample of hair, other than pubic hair, which includes hair plucked with the root, see Note 6A; (ii) a sample taken from a nail or from under a nail; (iii) a swab taken from any part of a person’s body other than a part from which a swab taken would be an intimate sample; (iv) saliva; (v) a skin impression which means any record, other than a fingerprint, which is a record, in any form and produced by any method, of the skin pattern and other physical characteristics or features of the whole, or any part of, a person’s foot or of any other part of their body.
(B) Action
(a) Intimate samples 6.2 PACE, section 62, provides that intimate samples may be taken under: (a) section 62(1), from a person in police detention only: (i) if a police officer of inspector rank or above has reasonable grounds to believe such an impression or sample will tend to confirm or disprove the suspect’s involvement in a recordable offence, see Note 4A, and gives authorisation for a sample to be taken; and (ii) with the suspect’s written consent; (b) section 62(1A), from a person not in police detention but from whom two or more non- intimate samples have been taken in the course of an investigation of an offence and the samples, though suitable, have proved insufficient if: (i) a police officer of inspector rank or above authorises it to be taken; and (ii) the person concerned gives their written consent. See Notes 6B and 6C (c) section 62(2A), from a person convicted outside England and Wales of an offence which if committed in England and Wales would be qualifying offence as defined by PACE, section 65A (see Note 4AB) from whom two or more non-intimate samples taken under section 63(3E) (see paragraph 6.6(h) have proved insufficient if: (i) a police officer of inspector rank or above is satisfied that taking the sample is necessary to assist in the prevention or detection of crime and authorises it to be taken; and (ii) the person concerned gives their written consent. 6.2 A PACE, section 63A(4) and Schedule 2A provide powers to: (a) make a requirement (in accordance with Annex G) for a person to attend a police station to have an intimate sample taken in the exercise of one of the following powers (see paragraph 6.2) : (i) section 62(1A) – Persons from whom two or more non-intimate samples have been taken and proved to be insufficient, see paragraph 6.2(b): There is no time limit for making the requirement. (ii) section 62(2A) – Persons convicted outside England and Wales from whom two or more non-intimate samples taken under section 63(3E) (see paragraph 6.6(g)have proved insufficient, see paragraph 6.2(c): There is no time limit for making the requirement. (b) arrest without warrant a person who fails to comply with the requirement 6.3 Before a suspect is asked to provide an intimate sample, they must be: (a) informed: (i) of the reason, including the nature of the suspected offence (except if taken under paragraph 6.2(c) from a person convicted outside England and Wales. (ii) that authorisation has been given and the provisions under which given; (iii) that a sample taken at a police station may be subject of a speculative search; (b) warned that if they refuse without good cause their refusal may harm their case if it comes to trial, see Note 6D. If the suspect is in police detention and not legally represented, they must also be reminded of their entitlement to have free legal advice, see Code C, paragraph 6.5, and the reminder noted in the custody record. If paragraph 6.2(b) applies and the person is attending a station voluntarily, their entitlement to free legal advice as in Code C, paragraph 3.21 shall be explained to them. 6.4 Dental impressions may only be taken by a registered dentist. Other intimate samples, except for samples of urine, may only be taken by a registered medical practitioner or registered nurse or registered paramedic. (b) Non-intimate samples 6.5 A non-intimate sample may be taken from a detainee only with their written consent or if paragraph 6.6 applies. 6.6 A non-intimate sample may be taken from a person without the appropriate consent in the following circumstances: (a) under section 63(2A) from a person who is in police detention as a consequence of being arrested for a recordable offence and who has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police or they have had such a sample taken but it proved insufficient. (b) Under section 63(3) from a person who is being held in custody by the police on the authority of a court if an officer of at least the rank of inspector authorises it to be taken. An authorisation may be given: (i) if the authorising officer has reasonable grounds for suspecting the person of involvement in a recordable offence and for believing that the sample will tend to confirm or disprove that involvement, and (ii) in writing or orally and confirmed in writing, as soon as practicable; but an authorisation may not be given to take from the same part of the body a further non-intimate sample consisting of a skin impression unless the previously taken impression proved insufficient (c) under section 63(3ZA) from a person who has been arrested for a recordable offence and released if: (i) in the case of a person who is on bail, they have not had a sample of the same type and from the same part of the body taken in the course of the investigation of the offence, or; (ii) in any case, the person has had such a sample taken in the course of the investigation of the offence, but either: it was not suitable or proved insufficient; or the investigation was discontinued but subsequently resumed and before the resumption, any DNA profile derived from the sample was destroyed and the sample itself was destroyed pursuant to section 63R(4), (5) or (12). (d) under section 63(3A), from a person (whether or not in police detention or held in custody by the police on the authority of a court) who has been charged with a recordable offence or informed they will be reported for such an offence if the person: (i) has not had a non-intimate sample taken from them in the course of the investigation of the offence; or (ii) has had a sample so taken, but it was not suitable or proved insufficient, see Note 6B; or (iii) has had a sample taken in the course of the investigation of the offence and the sample has been destroyed and in proceedings relating to that offence there is a dispute as to whether a DNA profile relevant to the proceedings was derived from the destroyed sample. (e) under section 63(3B), from a person who has been: (i) convicted of a recordable offence; or (ii) given a caution in respect of a recordable offence which, at the time of the caution, the person admitted; if, since their conviction or caution a non-intimate sample has not been taken from them or a sample which has been taken since then was not suitable or proved insufficient and in either case, an officer of inspector rank or above, is satisfied that taking the fingerprints is necessary to assist in the prevention or detection of crime and authorises the taking; (f) under section 63(3C) from a person to whom section 2 of the Criminal Evidence (Amendment) Act 1997 applies (persons detained following acquittal on grounds of insanity or finding of unfitness to plead). (g) under section 63(3E) from a person who has been convicted outside England and Wales of an offence which if committed in England and Wales would be a qualifying offence as defined by PACE, section 65A (see Note 4AB) if: (i) a non-intimate sample has not been taken previously under this power or unless a sample was so taken but was not suitable or proved insufficient; and (ii) a police officer of inspector rank or above is satisfied that taking a sample is necessary to assist in the prevention or detection of crime and authorises it to be taken. 6.6 A PACE, section 63A(4) and Schedule 2A provide powers to: (a) make a requirement (in accordance with Annex G) for a person to attend a police station to have a non-intimate sample taken in the exercise of one of the following powers (see paragraph 6.6 above) within certain time limits as follows: (i) section 63(3ZA) – Persons arrested for a recordable offence and released, see paragraph 6.6(c): In the case of a person from whom a non-intimate sample was taken in the course of the investigation but that sample was not suitable or proved insufficient, the requirement may not be made more than six months from the day the investigating officer was informed that the sample previously taken was not suitable or proved insufficient. In the case of a person whose DNA profile and sample was destroyed prior to the resumption of the investigation, the requirement may not be made more than six months from the day on which the investigation resumed. (ii) section 63(3A) – Persons charged etc. with a recordable offence, see paragraph 6.6(d): The requirement may not be made more than six months from: the day the person was charged or informed that they would be reported, if a sample has not been taken in the course of the investigation; the day the investigating officer was informed that the sample previously taken was not suitable or proved insufficient, if a sample has been taken in the course of the investigation but the sample was not suitable or proved insufficient; or the day on which the investigation was resumed, in the case of a person whose DNA profile and sample were destroyed prior to the resumption of the investigation. (iii) section 63(3B) – Person convicted or cautioned for a recordable offence in England and Wales, see paragraph 6.6(e): Where the offence for which the person was convicted etc is also a qualifying offence (see Note 4AB), there is no time limit for the exercise of this power. Where the conviction etc was for a recordable offence that is not a qualifying offence, the requirement may not be made more than two years from: in the case of a person whose sample has not been taken since they were convicted or cautioned, the day the person was convicted or cautioned, , or, if later. the day Schedule 2A came into force (March 7 2011); or in the case of a person whose sample has been taken but was not suitable or proved insufficient, the day an officer from the force investigating the offence was informed that the sample previously taken was not suitable or proved insufficient or, if later, the day Schedule 2A came into force (March 7 2011). (iv) section 63(3E) – A person who has been convicted of qualifying offence (see Note 4AB) outside England and Wales, see paragraph 6.6(h): There is no time limit for making the requirement. Note: A person who has had a non-intimate sample taken under any of the powers in section 63 mentioned in paragraph 6.6 on two occasions in relation to any offence may not be required under Schedule 2A to attend a police station for a sample to be taken again under section 63 in relation to that offence, unless authorised by an officer of inspector rank or above. The fact of the authorisation and the reasons for giving it must be recorded as soon as practicable. (b) arrest, without warrant, a person who fails to comply with the requirement. 6.7 Reasonable force may be used, if necessary, to take a non-intimate sample from a person without their consent under the powers mentioned in paragraph 6.6. 6.8 Before any non-intimate sample is taken: (a) without consent under any power mentioned in paragraphs 6.6 and 6.6A, the person must be informed of: (i) the reason for taking the sample; (ii) the power under which the sample is to be taken; (iii) the fact that the relevant authority has been given if any power mentioned in paragraph 6.6(b), (e) or (g) applies, including the nature of the suspected offence (except if taken under paragraph 6.6(e) from a person convicted or cautioned, or under paragraph 6.6(g) if taken from a person convicted outside England and Wales; (b) with or without consent at a police station or elsewhere, the person must be informed: (i) that their sample or information derived from it may be subject of a speculative search against other samples and information derived from them, see Note 6E and (ii) that their sample and the information derived from it may be retained in accordance with Annex F, Part (a). (c) Removal of clothing 6.9 When clothing needs to be removed in circumstances likely to cause embarrassment to the person, no person of the opposite sex who is not a registered medical practitioner or registered health care professional shall be present, (unless in the case of a juvenile, mentally disordered or mentally vulnerable person, that person specifically requests the presence of an appropriate adult of the opposite sex who is readily available) nor shall anyone whose presence is unnecessary. However, in the case of a juvenile, this is subject to the overriding proviso that such a removal of clothing may take place in the absence of the appropriate adult only if the juvenile signifies in their presence, that they prefer the adult’s absence and they agree.
(c) Documentation
6.10 A record must be made as soon as practicable after the sample is taken of: The matters in paragraph 6.8(a)(i) to (iii) and the fact that the person has been informed of those matters; and The fact that the person has been informed of the matters in paragraph 6.8(b)(i) and (ii). 6.10 A If force is used, a record shall be made of the circumstances and those present. 6.11 A record must be made of a warning given as required by paragraph 6.3. 6.12 Not used
(a) General
1. The arrangements for obtaining and ensuring the availability of a suitable set of images to be used in a video identification must be the responsibility of an identification officer (see paragraph 3.11 of this Code) who has no direct involvement with the case. 2. The set of images must include the suspect and at least eight other people who, so far as possible, and subject to paragraph 7, resemble the suspect in age, general appearance and position in life. Only one suspect shall appear in any set unless there are two suspects of roughly similar appearance, in which case they may be shown together with at least twelve other people. 2A If the suspect has an unusual physical feature, e.g., a facial scar, tattoo or distinctive hairstyle or hair colour which does not appear on the images of the other people that are available to be used, steps may be taken to: (a) conceal the location of the feature on the images of the suspect and the other people; or (b) replicate that feature on the images of the other people. For these purposes, the feature may be concealed or replicated electronically or by any other method which it is practicable to use to ensure that the images of the suspect and other people resemble each other. The identification officer has discretion to choose whether to conceal or replicate the feature and the method to be used. 2B If the identification officer decides that a feature should be concealed or replicated, the reason for the decision and whether the feature was concealed or replicated in the images shown to any eye-witness shall be recorded. 2C If the eye-witness requests to view any image where an unusual physical feature has been concealed or replicated without the feature being concealed or replicated, the identification officer has discretion to allow the eye-witness to view such image(s) if they are available. 3. The images used to conduct a video identification shall, as far as possible, show the suspect and other people in the same positions or carrying out the same sequence of movements. They shall also show the suspect and other people under identical conditions unless the identification officer reasonably believes: (a) because of the suspect’s failure or refusal to co-operate or other reasons, it is not practicable for the conditions to be identical; and (b) any difference in the conditions would not direct an eye-witness’ attention to any individual image. 4. The reasons identical conditions are not practicable shall be recorded on forms provided for the purpose. 5. Provision must be made for each person shown to be identified by number. 6. If police officers are shown, any numerals or other identifying badges must be concealed. If a prison inmate is shown, either as a suspect or not, then either all, or none of, the people shown should be in prison clothing. 7. The suspect or their solicitor, friend, or appropriate adult must be given a reasonable opportunity to see the complete set of images before it is shown to any eye-witness. If the suspect has a reasonable objection to the set of images or any of the participants, the suspect shall be asked to state the reasons for the objection. Steps shall, if practicable, be taken to remove the grounds for objection. If this is not practicable, the suspect and/or their representative shall be told why their objections cannot be met and the objection, the reason given for it and why it cannot be met shall be recorded on forms provided for the purpose. The requirement in paragraph 2 that the images of the other people ‘resemble’ the suspect does not require the images to be identical or extremely similar (see Note A1). 8. Before the images are shown in accordance with paragraph 7, the suspect or their solicitor shall be provided with details of the first description of the suspect by any eye-witnesses who are to attend the video identification. When a broadcast or publication is made, as in paragraph 3.38(a), the suspect or their solicitor must also be allowed to view any material released to the media by the police for the purpose of recognising or tracing the suspect, provided it is practicable and would not unreasonably delay the investigation. 9. No unauthorised people may be present when the video identification is conducted. The suspect’s solicitor, if practicable, shall be given reasonable notification of the time and place the video identification is to be conducted. The suspect’s solicitor may only be present at the video identification on request and with the prior agreement of the identification officer, if the officer is satisfied that the solicitor’s presence will not deter or distract any eye-witness from viewing the images and making an identification. If the identification officer is not satisfied and does not agree to the request, the reason must be recorded. The solicitor must be informed of the decision and the reason for it. and that they may then make representations about why they should be allowed to be present. The representations may be made orally or in writing, in person or remotely by electronic communication and must be recorded. These representations must be considered by an officer of at least the rank of inspector who is not involved with the investigation and responsibility for this may not be delegated under paragraph 3.11. If, after considering the representations, the officer is satisfied that the solicitor’s presence will deter or distract the eye-witness, the officer shall inform the solicitor of the decision and reason for it and ensure that any response by the solicitor is also recorded. If allowed to be present, the solicitor is not entitled to communicate in any way with an eye-witness during the procedure but this does not prevent the solicitor from communicating with the identification officer. The suspect may not be present when the images are shown to any eye-witness and is not entitled to be informed of the time and place the video identification procedure is to be conducted. The video identification procedure itself shall be recorded on video with sound. The recording must show all persons present within the sight or hearing of the eye-witness whilst the images are being viewed and must include what the eye-witness says and what is said to them by the identification officer and by any other person present at the video identification procedure. A supervised viewing of the recording of the video identification procedure by the suspect and/or their solicitor may be arranged on request, at the discretion of the investigating officer. Where the recording of the video identification procedure is to be shown to the suspect and/or their solicitor, the investigating officer may arrange for anything in the recording that might allow the eye-witness to be identified to be concealed if the investigating officer considers that this is justified (see Note A2). In accordance with paragraph 2.18, the investigating officer may also arrange for anything in that recording that might allow any police officers or police staff to be identified to be concealed.
(b) Conducting the video identification
10. The identification officer is responsible for making the appropriate arrangements to make sure, before they see the set of images, eye-witnesses are not able to communicate with each other about the case, see any of the images which are to be shown, see, or be reminded of, any photograph or description of the suspect or be given any other indication as to the suspect’s identity, or overhear an eye-witness who has already seen the material. There must be no discussion with the eye-witness about the composition of the set of images and they must not be told whether a previous eye-witness has made any identification. 11. Only one eye-witness may see the set of images at a time. Immediately before the images are shown, the eye-witness shall be told that the person they saw on a specified earlier occasion may, or may not, appear in the images they are shown and that if they cannot make an identification, they should say so. The eye-witness shall be advised that at any point, they may ask to see a particular part of the set of images or to have a particular image frozen for them to study. Furthermore, it should be pointed out to the eye-witness that there is no limit on how many times they can view the whole set of images or any part of them. However, they should be asked not to make any decision as to whether the person they saw is on the set of images until they have seen the whole set at least twice. 12. Once the eye-witness has seen the whole set of images at least twice and has indicated that they do not want to view the images, or any part of them, again, the eye-witness shall be asked to say whether the individual they saw in person on a specified earlier occasion has been shown and, if so, to identify them by number of the image. The eye-witness will then be shown that image to confirm the identification, see paragraph 17. 13. Care must be taken not to direct the eye-witness’ attention to any one individual image or give any indication of the suspect’s identity. Where an eye-witness has previously made an identification by photographs, or a computerised or artist’s composite or similar likeness, they must not be reminded of such a photograph or composite likeness once a suspect is available for identification by other means in accordance with this Code. Nor must the eye- witness be reminded of any description of the suspect. 13A. If after the video identification procedure has ended, the eye-witness informs any police officer or police staff involved in the post-viewing arrangements that they wish to change their decision about their identification, or they have not made an identification when in fact they could have made one, an accurate record of the words used by the eye-witness and of the circumstances immediately after the procedure ended, shall be made. If the eye- witness has not had an opportunity to communicate with other people about the procedure, the identification officer has the discretion to allow the eye-witness a second opportunity to make an identification by repeating the video identification procedure using the same images but in different positions. 14. After the procedure, action required in accordance with paragraph 3.40 applies.
(c) Image security and destruction
15. Arrangements shall be made for all relevant material containing sets of images used for specific identification procedures to be kept securely and their movements accounted for. In particular, no-one involved in the investigation shall be permitted to view the material prior to it being shown to any witness. 16. As appropriate, paragraph 3.30 or 3.31 applies to the destruction or retention of relevant sets of images.
(a) General
1. A suspect must be given a reasonable opportunity to have a solicitor or friend present, and the suspect shall be asked to indicate on a second copy of the notice whether or not they wish to do so. 2. An identification parade may take place either in a normal room or one equipped with a screen permitting witnesses to see members of the identification parade without being seen. The procedures for the composition and conduct of the identification parade are the same in both cases, subject to paragraph 8 (except that an identification parade involving a screen may take place only when the suspect’s solicitor, friend or appropriate adult is present or the identification parade is recorded on video). 3. Before the identification parade takes place, the suspect or their solicitor shall be provided with details of the first description of the suspect by any witnesses who are attending the identification parade. When a broadcast or publication is made as in paragraph 3.38(a), the suspect or their solicitor should also be allowed to view any material released to the media by the police for the purpose of identifying and tracing the suspect, provided it is practicable to do so and would not unreasonably delay the investigation.
(b) Identification parades involving prison inmates
4. If a prison inmate is required for identification, and there are no security problems about the person leaving the establishment, they may be asked to participate in an identification parade or video identification. 5. An identification parade may be held in a Prison Department establishment but shall be conducted, as far as practicable under normal identification parade rules. Members of the public shall make up the identification parade unless there are serious security, or control, objections to their admission to the establishment. In such cases, or if a group or video identification is arranged within the establishment, other inmates may participate. If an inmate is the suspect, they are not required to wear prison clothing for the identification parade unless the other people taking part are other inmates in similar clothing, or are members of the public who are prepared to wear prison clothing for the occasion.
(c) Conduct of the identification parade
6. Immediately before the identification parade, the suspect must be reminded of the procedures governing its conduct and cautioned in the terms of Code C, paragraphs 10.5 or 10.6, as appropriate. 7. All unauthorised people must be excluded from the place where the identification parade is held. 8. Once the identification parade has been formed, everything afterwards, in respect of it, shall take place in the presence and hearing of the suspect and any interpreter, solicitor, friend or appropriate adult who is present (unless the identification parade involves a screen, in which case everything said to, or by, any witness at the place where the identification parade is held, must be said in the hearing and presence of the suspect’s solicitor, friend or appropriate adult or be recorded on video). 9. The identification parade shall consist of at least eight people (in addition to the suspect) who, so far as possible, resemble the suspect in age, height, general appearance and position in life. Only one suspect shall be included in an identification parade unless there are two suspects of roughly similar appearance, in which case they may be paraded together with at least twelve other people. In no circumstances shall more than two suspects be included in one identification parade and where there are separate identification parades, they shall be made up of different people. 10. If the suspect has an unusual physical feature, e.g., a facial scar, tattoo or distinctive hairstyle or hair colour which cannot be replicated on other members of the identification parade, steps may be taken to conceal the location of that feature on the suspect and the other members of the identification parade if the suspect and their solicitor, or appropriate adult, agree. For example, by use of a plaster or a hat, so that all members of the identification parade resemble each other in general appearance. 11. When all members of a similar group are possible suspects, separate identification parades shall be held for each unless there are two suspects of similar appearance when they may appear on the same identification parade with at least twelve other members of the group who are not suspects. When police officers in uniform form an identification parade any numerals or other identifying badges shall be concealed. 12. When the suspect is brought to the place where the identification parade is to be held, they shall be asked if they have any objection to the arrangements for the identification parade or to any of the other participants in it and to state the reasons for the objection. The suspect may obtain advice from their solicitor or friend, if present, before the identification parade proceeds. If the suspect has a reasonable objection to the arrangements or any of the participants, steps shall, if practicable, be taken to remove the grounds for objection. When it is not practicable to do so, the suspect shall be told why their objections cannot be met and the objection, the reason given for it and why it cannot be met, shall be recorded on forms provided for the purpose. 13. The suspect may select their own position in the line, but may not otherwise interfere with the order of the people forming the line. When there is more than one witness, the suspect must be told, after each witness has left the room, that they can, if they wish, change position in the line. Each position in the line must be clearly numbered, whether by means of a number laid on the floor in front of each identification parade member or by other means. 14. Appropriate arrangements must be made to make sure, before witnesses attend the identification parade, they are not able to: (i) communicate with each other about the case or overhear a witness who has already seen the identification parade; (ii) see any member of the identification parade; (iii) see, or be reminded of, any photograph or description of the suspect or be given any other indication as to the suspect’s identity; or (iv) see the suspect before or after the identification parade. 15. The person conducting a witness to an identification parade must not discuss with them the composition of the identification parade and, in particular, must not disclose whether a previous witness has made any identification. 16. Witnesses shall be brought in one at a time. Immediately before the witness inspects the identification parade, they shall be told the person they saw on a specified earlier occasion may, or may not, be present and if they cannot make an identification, they should say so. The witness must also be told they should not make any decision about whether the person they saw is on the identification parade until they have looked at each member at least twice. 17. When the officer or police staff (see paragraph 3.11) conducting the identification procedure is satisfied the witness has properly looked at each member of the identification parade, they shall ask the witness whether the person they saw on a specified earlier occasion is on the identification parade and, if so, to indicate the number of the person concerned, see paragraph 28. 18. If the witness wishes to hear any identification parade member speak, adopt any specified posture or move, they shall first be asked whether they can identify any person(s) on the identification parade on the basis of appearance only. When the request is to hear members of the identification parade speak, the witness shall be reminded that the participants in the identification parade have been chosen on the basis of physical appearance only. Members of the identification parade may then be asked to comply with the witness’ request to hear them speak, see them move or adopt any specified posture. 19. If the witness requests that the person they have indicated remove anything used for the purposes of paragraph 10 to conceal the location of an unusual physical feature, that person may be asked to remove it. 20. If the witness makes an identification after the identification parade has ended, the suspect and, if present, their solicitor, interpreter or friend shall be informed. When this occurs, consideration should be given to allowing the witness a second opportunity to identify the suspect. 21. After the procedure, action required in accordance with paragraph 3.40 applies. 22. When the last witness has left, the suspect shall be asked whether they wish to make any comments on the conduct of the identification parade.
Dec 20, 2023 · The revised PACE Code D has effect from 20 December 2023 following a statutory consultation. Code D governs the exercise by police of statutory powers to identify persons.
Jan 31, 2024 · Codes B, C, D and H have been revised to reflect other changes to police powers made by the National Security Act 2023: Code I covers detention, treatment and questioning by police of persons in detention under the National Security Act 2023 section 27 and Schedule 6. Read about PACE codes of practice.
1.7 The provisions of the Police and Criminal Evidence Act 1984 (PACE) and this Code are designed to make sure fingerprints, samples, impressions and photographs are taken, used and...
Code D 2015 - the identification of persons by police officers. Code E 2015 - the audio recording of interviews with suspects at police stations. Code F 2015 - the visual recording of...
PACE Code D 2023. Updated 20 December 2023. Download CSV 671 KB. This CSV cannot be viewed online. You can download the file to open it with your own software. Services and information....
