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Article 35 Destruction of fingerprints and samples

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Article 64 of PACE (destruction of fingerprints and samples) is amended as follows.

(2)

In paragraph (1A)—

(a)

after “fingerprints” in both places where it occurs insert “ , impressions of footwear ”;

(b)

for “or the conduct of a prosecution” substitute “ , the conduct of a prosecution or the identification of a deceased person or of the person from whom a body part came ”.

(3)

In paragraph (1B) after “fingerprint” insert “ or an impression of footwear ”.

(4)

After paragraph (1B) insert—

“(1BA)

Fingerprints taken from a person by virtue of Article 61(6A) must be destroyed as soon as they have fulfilled the purpose for which they were taken.”.

(5)

In paragraph (3) after “fingerprints” insert “ , impressions of footwear ”.

(6)

In paragraph (3AA)—

(a)

for “and fingerprints” substitute “ , fingerprints and impressions of footwear ”;

(b)

in sub-paragraph (b), for “or, as the case may be, fingerprint” substitute “ , fingerprint or (as the case may be) an impression of footwear ”.

(7)

In paragraph (3AB)—

(a)

for “paragraph (3)” substitute “ paragraph (1BA) or (3) ”;

(b)

after the first and third places “fingerprint” occurs insert “ , impression of footwear ”;

(c)

after the second place “fingerprint” occurs insert “ , nor the impression of footwear, ”.

(8)

In paragraph (3AC)—

(a)

after “fingerprint” in each place where it occurs insert “ , impression of footwear ”;

(b)

in sub-paragraph (a), after “that” insert “ fingerprint, impression of footwear or ”;

(c)

after sub-paragraph (b) insert—

“(c)

that consent shall be treated as comprising a consent for the purposes of Article 63A(1C).”;

(d)

at the end add the following new sentence— “ This paragraph does not apply to fingerprints taken from a person by virtue of Article 61(6A). ”.

(9)

In paragraph (3AD), after “fingerprint” insert “ , impression of footwear ”.

(10)

In paragraph (5), after “fingerprints” in each place where it occurs insert “ or impressions of footwear ”.

(11)

In paragraph (6), after “fingerprints” insert “ or impressions of footwear ”.

(12)

In paragraph (7), after “fingerprints” insert “ or impressions of footwear ”.