Publication Scheme Y/N N Fingerprints,DNA and Photographs Version 4 Student Lesson Note

Transcription

1 Protective Marking Not Protectively Marked Publication Scheme Y/N N Title Fingerprints,DNA and Photographs Version 4 Summary Student Lesson Note Branch/OCU HR3-7 Author Hetal Halai Date created 13th January 2010 Review date 13th January 2013 Metropolitan Police Service Directorate of Training and Development Police Constable Foundation Course Fingerprints, DNA Samples and Photographs Lesson 512

2 Contents Objectives... 3 Why are fingerprints taken?... 5 How are fingerprints taken?... 5 Power to take fingerprints?... 6 DNA samples... 8 Photographs...10 Page 2

3 In the war against crime, every lawful method of detection is used. Fingerprints, photos and DNA enable police to positively identify offenders. So they have little chance to deny their involvement in crime, which makes these methods extremely useful tools for criminal investigation. This lesson is about three ways to identify offenders: (1) by taking fingerprints (2) by taking DNA Samples; and (3) by taking photographs. Objectives After you have studied and understood this written lesson, you should be able to: 1. Explain why fingerprints are taken. 2. State your power to take fingerprints. 3. State your power to obtain a DNA sample. 4. Explain your power to take a prisoner'sphotograph. Page 3

4 Action on arrival in custody/before taking fingerprints If you have not already done so, you must do a PNC check on arrival in custody. This is so that custody staff are aware of any warning signals or other risk factors associated with your prisoner. Before taking a set of fingerprints you must ask the control room staff to do a Police National Computer Criminal Names (CN) and Wanted Missing (WM) check on your prisoners details. The possible results from this check are: 1. No trace (N/T) This means there is no trace of a person with those details on the system. 2. Known not wanted. With this there will be a reference number, starting either with the letters CRO or PNC ID No. For example: CRO 12345/93F AND/OR PNCID No. 93/14325P CRO stands for Criminal Record Office and means the subjects fingerprints are recorded at National Identification Service (NIS), as they have come to notice previously. Take note of the whole number(s) and record them in full on documents which require it. (e.g. Phoenix forms). The last two numbers of a CRO number and the first two of a PNC ID number, generally indicate the year when the record on that person was first created. 3. Wanted, with or without a CRO number. Details will be given of which station or force wants the prisoner. 4. Not Identified. Where a number of possible identifications are made. Page 4

5 You must inform the Custody Officer of the result of any of these PNC checks. This PNC check will also indicate whether DNA has been taken and confirmed with regard to your prisoner. This is relevant to the next section and again you must inform the Custody Officer of the result. Fingerprints Why are fingerprints taken? Fingerprints are taken: 1. To establish that the person you are dealing with is who they say they are (they may be lying about their identity) 2. To find out if the person has a criminal record (this will enable the prosecution to provide 'Previous Convictions' at any court proceedings) 3. To discover if the person is responsible for any other crime, by comparing their fingerprints with unidentified fingerprints found at crime scenes (sometimes referred to as a 'Speculative search') How are fingerprints taken? There are two methods of taking fingerprints. By scanning electronically into 'Livescan' a computerised system and by the classic 'ink on paper' method. You will be shown how to take fingerpints using ink on paper during the Foundation Course. Once on borough, you will be taught how to use the LiveScan system. Most of the fingerprints you take will be done using LiveScan. Your Custody Officer or other supervisor will inform you when you should use the ink on paper method. Page 5

6 Power to take fingerprints Without Consent (Section 61 PACE) Police have the power to take fingerprints (and a DNA sample) from any person without their consent at any time whilst they are detained at a police station as a consequence of being arrested for a recordable offence. Police can only use this power if the suspect's fingerprints have not been taken already in the course of the investigation of that recordable offence; or if they have been taken and they are incomplete or not suitable for comparison. This power enables fingerprints to be taken and checked electronically to help establish/confirm the suspect's identity whilst they are still in custody. The suspect must be informed of the following before the fingerprints are taken: - the reasons for taking the fingerprints before they are taken; and - that the fingerprints may be subject to a speculative search; and - the fact that they have been informed of the above must be recorded Reasonable force may be used to take fingerprints, obviously this must be justified. If any amount of force has to be used then it will be necessary to revert to using paper and ink to take the prints rather than LiveScan. Page 6

7 With consent (Section 65 PACE) There will be times when you have no power to take fingerprints i.e. a person arrested for a non-recordable offence. However, a person can consent to having their fingerprints taken as long as 'Appropriate Consent' has been given. This means: In relation to a person who has reached the age of 17 years, the consent of that person only In relation to a person aged 14, 15 or 16 years, the consent of that person and his/her parent or guardian In relation to a person under 14 years, the consent of his/her parent or guardian These requirements will normally also apply when fingerprints are taken for elimination purposes. Taking Fingerprints after conviction You can see from Section 61 of PACE above that you have the power to take fingerprints without consent at the police station. But there may be situations where you report somebody for a recordable offence and they are not arrested. These occasions will be rare. Because you would have had no opportunity to take fingerprints in these circumstances, PACE allows you to require a person who has been convicted at court to attend the police station for the purpose of taking their fingerprints. If you are involved in such a situation, then seek advice from a supervisor. Page 7

8 DNA Sampling of offenders Police have the power to take DNA samples without consent from any person who is in detention following arrest for a recordable offence. These samples will take the form of Non-intimate samples. A non-intimate sample means: A sample of hair other than pubic hair, which includes hair plucked with the root A sample taken from a nail or from under a nail 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 Saliva A skin impression, which means any 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 any other part of their body. An intimate sample means: 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 any body orifice other than the mouth. The non-intimate samples that we take will generally be plucked hair or mouth swabs. The samples are sent to the National Database Unit at Birmingham. The samples are examined and searches carried out to see if they match samples held/found at crime scenes. The Forensic Science Service (FSS), prefer to receive mouth swabs as their mechanisms are set up more for buccal swab profiling. DNA sampling is a very important asset in the fight against crime. Therefore, seek advice from a supervisor when determining if the person you are dealing with is subject to the sampling procedure. Page 8

9 DNA samples may only be taken by officers who have been trained in the procedure, and it is vital that the correct documentation is submitted with the sample as if it is not then sample may be rejected You will receive training in taking these samples during your foundation course training. Without consent Under Section 63 PACE, there are instances when non-intimate samples may be taken without the consent of the person in police detention following their arrest for a recordable offence. As with fingerprints the person must be told the reasons for taking the DNA, the fact that the sample may be subject to a speculative search, and this must be recorded. S.117 PACE allows the use of reasonable force, if necessary, to take a nonintimate sample without consent where the provisions of S.63 apply. With consent Non-intimate samples may be taken with the consent of the detained person. These can be done for elimination and/or identification purposes. The person must sign to say that they consent to this being done. The same ages of consent apply as for fingerprints. Taking non-intimate samples after conviction Section 63A of PACE describes the circumstances whereby a person convicted of a recordable offence can be required to attend a police station in order for a non-intimate sample to be obtained. These provisions are similar to those available for fingerprinting and the advice of a supervisor should be sought in any case of doubt. Further powers to take fingerprints and DNA This lesson note is an introduction to your powers. There are further powers to take fingerprints and DNA which are detailed in PACE. You should make yourself aware of these during your probation. Page 9

10 Photographs Custody Imaging System The Custody Imaging System uses digital camera technology to take the photographs. The system allows police to search for and view photographs of subjects whose details have been entered on the system at any MPS custody suite. For safety reasons, the person must be searched before being photographed (in most cases they would have been searched on arrival at the police station). The Custody Imaging System requires a minimum of 3 images to be saved. It is vital that accurate data is recorded, for example: Custody number PNC ID number Details of the suspect Details of the officer You will be trained in this system when you reach your borough. Section 64A PACE Police officers may take photographs of a person detained at a police station for an offence. This will include people held whilst the custody officer decides whether there is sufficient evidence to authorise 'detention'. It does NOT include a person brought to the station solely for the purpose of search under stop and search powers. It is important to remember that the use of section 64A is Discretionary, and that photographs taken under this power may only be used by, or disclosed to, any person for any purpose related to: Prevention or detection of crime Investigation of an offence Conduct of a prosecution Page 10

11 Section 64A of PACE states that police may take the photograph of a detained person: (a) (b) With their consent; or Without their consent if it is not practicable to obtain their consent or their consent is withheld. If consent is withheld i.e. the person refuses; then photographs may be taken by any process within the police station. Examples of when it is not practicable to obtain the consent of the person could be: - The person was unfit to give consent - If there are reasonable grounds to suspect that the person may take steps to prevent the photograph being taken (e.g. violently resisting, covering or distorting their face etc) - It is necessary to take the photograph without prior warning In these cases, it is not necessary to seek the persons consent and photographs can be taken by any process in any part of the police station. Once a photograph is taken, it may be retained and shared with other crime fighting organisations. The aim of the law, is to avoid using force to take photographs. Consequently, consent should be sought in the majority of cases. In those cases were seeking consent is likely to cause problems or were the person refuses to consent, then photographs can be taken using alternative means (Security cameras, Custody Office CCTV etc). If it is not possible to gain a photograph by these methods, S.117 PACE allows us to use reasonable force. To justify using force, it must first be established that the person is unwilling to co-operate sufficiently to enable a suitable photograph to be taken. Page 11

12 Under section 64A, the Constable taking the detained persons photograph may, for the purpose of doing so, require the person to remove any item or substance worn on or over the whole or part of their head or face. It is only if this requirement is refused by the detained person that reasonable force may be used if they do not comply. It is important that this power is used proportionately in order to comply with the Human Rights Act i.e. if the person refuses to allow their photograph to be taken, is the need to take the photograph proportionate to the force being used to obtain it. Officers should have regard to the cultural sensitivities of persons who wear face coverings, head coverings, face paint for religious or cultural reasons. For example, it would be good practice where ever practicable for a female police officer to remove the head covering of a female suspect in these circumstances. You will recall that police have power to take fingerprints after conviction, and that a person can be directed to the attend the police station for this purpose. However, a person can NOT be directed to attend the police station to have their photographs taken. In these cases, there is no reason why photographs cannot be taken at the same time that fingerprints are taken. The Custody Officer will direct you if photographs are to be taken Metropolitan Police Authority. All world-wide rights reserved. No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means: photocopy, electronic, mechanical recording or otherwise, without the prior written permission of the copyright holder. Subject to Crown Copyright. Enquiries telephone Lesson verified by The Course Support Team - January End of Lesson Page 12