The powers library35 of 59 Detention and custody

Taking fingerprints without consent

s.61Police and Criminal Evidence Act 1984

Lets the police take a person's fingerprints without consent after arrest, charge, conviction or caution for a recordable offence, or on the street to check the identity of a suspect whose name is unknown or doubted.

Taking fingerprints without consent · Police and Criminal Evidence Act 1984, s.61Card 35 / 59

When you can use it

s.61(1)–(2)Unless one of the powers below applies, prints need the appropriate consent, in writing if given at a police station
s.61(3)Detained at a police station after arrest for a recordable offence, and not already fingerprinted in that investigation
s.61(4)Detained at a police station and charged with, or told they will be reported for, a recordable offence, and not already fingerprinted in that investigation
s.61(4A)–(4B)Answering bail, where there are reasonable grounds to believe they are not the person bailed, or they claim to be someone else. A court or inspector authorises
s.61(5A)–(5B)Arrested for a recordable offence and released, or charged or reported but not detained, and not yet fingerprinted, or earlier prints were inadequate or destroyed
s.61(6)–(6ZC)Convicted of, or cautioned (with an admission) for, a recordable offence, with no adequate prints taken since. An inspector must be satisfied it is necessary to prevent or detect crime
s.61(6A)–(6B)A constable reasonably suspects the person is committing or has committed an offence (or an attempt), and their name is unknown and cannot readily be found out, or there are reasonable grounds to doubt the name given
s.61(6D)–(6G)Convicted abroad of an offence that would be a qualifying offence here, with inspector authorisation on the same test

What it allows

Taking finger and palm prints without consent, including electronically, using reasonable force if necessary (Code D 4.5–4.6).
Under s.61(6A), taking prints on the street with a mobile device to check identity against the national collection, for any offence, recordable or not.
Requiring a person to attend a police station to be fingerprinted, and arresting without warrant if they fail to attend (s.63A(4), Sch. 2A; Code D 4.4 and Annex G).

Key definitions

Fingerprints – s.65: a record, made by any method, of the skin pattern and other features of any finger or either palm.
Appropriate consent – s.65: the person if 18 or over; the person and a parent or guardian if 14 to 17; a parent or guardian if under 14.
Recordable offence – any imprisonable offence plus some listed non-imprisonable ones, such as tampering with motor vehicles and touting for hire car services (Code D Note 4A).
Previous prints disregarded – s.61(3A): earlier prints are ignored if not a complete set or not good enough for analysis.
Qualifying offence – s.65A: serious violent, sexual and child offences, such as murder, ABH, robbery, burglary and rape.

Safeguards

Before taking them, tell the person the reason, the power used and that any required authorisation has been given (s.61(7); Code D 4.7).
Tell them the prints may be subject to a speculative search (s.61(7A)) and may be retained (Code D 4.7(b)).
Record these matters as soon as practicable, on the custody record if detained (s.61(7)–(8); Code D 4.8A). If force is used, record the circumstances and who was present (Code D 4.8).
Code D 4.3: the powers apply to people aged 10 or over.
Sch. 2A paras 1–3 limit when attendance can be required: six months in most arrest or charge cases, two years after a conviction or caution, and no limit where the conviction or caution is for a qualifying offence.

Good to know

Prints taken under s.61(6A) do not count as taken in the investigation (s.61(6C)) and cannot be kept after the check (Code D Note 4C).
A confirmed identity may make arrest for a name unnecessary.
Footwear impressions are taken under s.61A, samples under ss.62–63 and photographs under s.64A.
s.61 does not apply to terrorism or National Security Act 2023 arrests, or to extradition arrests (s.61(9)–(10)).

Legislation: Police and Criminal Evidence Act 1984, s.61 (opens legislation.gov.uk in a new tab)
Who can use it: A constable (some routes need inspector or court authorisation)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Taking fingerprints without consent: questions people ask

When can the police use taking fingerprints without consent?

1. Unless one of the powers below applies, prints need the appropriate consent, in writing if given at a police station 2. Detained at a police station after arrest for a recordable offence, and not already fingerprinted in that investigation 3. Detained at a police station and charged with, or told they will be reported for, a recordable offence, and not already fingerprinted in that investigation 4. Answering bail, where there are reasonable grounds to believe they are not the person bailed, or they claim to be someone else. A court or inspector authorises 5. Arrested for a recordable offence and released, or charged or reported but not detained, and not yet fingerprinted, or earlier prints were inadequate or destroyed 6. Convicted of, or cautioned (with an admission) for, a recordable offence, with no adequate prints taken since. An inspector must be satisfied it is necessary to prevent or detect crime 7. A constable reasonably suspects the person is committing or has committed an offence (or an attempt), and their name is unknown and cannot readily be found out, or there are reasonable grounds to doubt the name given 8. Convicted abroad of an offence that would be a qualifying offence here, with inspector authorisation on the same test

Who can use taking fingerprints without consent?

A constable (some routes need inspector or court authorisation)

What law gives the power for taking fingerprints without consent?

Police and Criminal Evidence Act 1984, s.61.

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