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Paragraph 11

United Kingdom

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

(1)

Before fingerprints or a sample are taken from a person under paragraph 10, he shall be informed—

(a)

that the fingerprints or sample may be used for the purposes of F1a relevant search (within the meaning given by paragraph 20A(6)) or for the purposes of section 63A(1) of the M1Police and Criminal Evidence Act 1984 and Article 63A(1) of the M2Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), and

(b)

where the fingerprints or sample are to be taken under paragraph 10(2)(a), (3)(a) or (4)(b), of the reason for taking the fingerprints or sample.

(2)

Before fingerprints or a sample are taken from a person upon an authorisation given under paragraph 10(4)(a) or (5)(c), he shall be informed—

(a)

that the authorisation has been given,

(b)

of the grounds upon which it has been given, and

(c)

where relevant, of the nature of the offence in which it is suspected that he has been involved.

(3)

After fingerprints or a sample are taken under paragraph 10, there shall be recorded as soon as is reasonably practicable any of the following which apply—

(a)

the fact that the person has been informed in accordance with sub-paragraphs (1) and (2),

(b)

the reason referred to in sub-paragraph (1)(b),

(c)

the authorisation given under paragraph 10(4)(a) or (5)(c),

(d)

the grounds upon which that authorisation has been given, and

(e)

the fact that the appropriate consent has been given.

Annotations

Textual amendments

F1

Words in Sch. 8 para. 11(1)(a) substituted (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 1(5) (with s. 97); S.I. 2013/1814, art. 2(j)

Marginal citations

M1

1984 c. 60.

M2

S.I. 1989/1341 (N.I. 12).

Notes on Schedule 8

Textual amendments

F1

Words in Sch. 8 shoulder note substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(a), 208(5)(w)

Modifications

C1

Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2 (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(ii)(iii))

C2

Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2

Notes on Part I

Textual amendments

F1

Words in Sch. 8 Pt. 1 heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 184(2)(b), 208(5)(w)