Part 2: Prevention, investigation and prosecution of crime Chapter 4: Other provisions Section 52: Power to photograph certain persons at a police station
Section 64A of PACE confers a power on the police to take photographs from a person who has been detained in a police station and/or arrested. If a person is arrested, charged or convicted without a photograph being taken, there is no power to require them to attend a police station later for this to be done, although there is such a "recall" power in Schedule 2A to PACE relating to taking of fingerprints and DNA samples. More suspects are now interviewed voluntarily in the first instance and then arrested, or charged later, so the absence of a recall power increasingly means that photographs of suspects and offenders are not taken. This may make it more difficult to detect crimes the person may have committed in the past or may commit in the future.
	Subsection (2) amends the existing power to take photographs in section 64A of PACE by inserting new subsections (1C) to (1M) into that section. New section 64A(1C) confers a power to photograph certain persons at a police station. New section 64A(1D) to (1M) set out the circumstances in which that power may be exercised.
	New section 64A(1C) provides that the power only applies if there is no power to photograph the person under existing section 64A (1) or (1A), so that the powers do not overlap.
	New section 64A(1D) provides that the power applies where the individual in question has been arrested for a recordable offence and released, charged with a recordable offence or informed they will be reported for such an offence and where they meet the requirements in the new section 64A(1E). New section 64A(1E) provides the power applies where the person has not been photographed in the course of the investigation, or where a photograph taken is unavailable (i.e. where it is lost or destroyed) or inadequate (i.e. where it is unclear, incomplete or no longer an accurate representation) and it is considered that a further photograph is required to assist in the prevention or detection of crime. This is similar to existing provisions relating to fingerprints in section 49 of PACE.
	New section 64A(1F) and (1G) provide that the power applies where the individual in question has been convicted of a recordable offence or given a caution relating to a recordable offence, and they meet the requirements in the new section 64A(1G). The conditions in the new section 64A(1G) provide that the power applies where the person has not been photographed since they were convicted or cautioned, where a photograph taken is unavailable or inadequate and it is considered a further photo is needed to assist in the prevention and detection of crime. This is similar to existing provisions relating to fingerprints in section 61 of PACE.
	New section 64A(1H) and (1I) apply where the person has been convicted in a jurisdiction outside England and Wales and where the act constituting the offence would also constitute a "qualifying offence" in England and Wales as defined in section 65A(1) (i.e. a serious offence, generally sexual and violent offences). This also mirrors comparable existing provisions relating to fingerprints in section 61 of PACE. New section 64A(1I) provides that, as with new section 64A(1F) and (1H), this power applies if the person has not been photographed already or if they have, but the photograph is unavailable or inadequate, and it is considered a new photo is necessary to assist in the prevention or detection of crime.
	New section 64A(1J) provides that the authorisation of an inspector is required before taking a photograph of a person falling within new section 64A(1G) or (1I). New section 64A(1K) provides that the officer must be satisfied taking is necessary to assist in the prevention or detection of crime. These also mirror comparable existing provisions relating to fingerprints in section 61 of PACE.
	New section 64A(1L) defines the meaning of ‘unavailable’ and ‘inadequate’.
	Subsections (3) to (8) extend the recall power in Schedule 2A to PACE to cover photographs. Subsection (4) amends the title of Schedule 2A to cover photographs.
	Subsection (5) adds a new Part 3A to Schedule 2A (comprising paragraphs 14A to 14E), following on from the existing Parts 1, 2, and 3, which deal with fingerprints, intimate samples, and non-intimate samples (in practice, these are almost always DNA samples) respectively. These provisions mirror those in the existing provisions relating to fingerprints and non-intimate samples.
	New paragraph 14A of Schedule 2A imposes a six-month time limit on when people falling within section 64(1D)(a) (i.e. those arrested and released, charged etc.) can be required to attend a police station to be photographed.
	New paragraph 14B of Schedule 2A imposes a six-month time limit on when people falling within section 64A(1D)(b) or (c) can be required to attend a police station to be photographed.
	New paragraph 14C of Schedule 2A imposes a two-year time limit on when people falling within section 64(1F) (i.e. those convicted or cautioned) can be required to attend a police station to be photographed.
	New paragraph 14D of Schedule 2A applies the power to persons convicted outside England and Wales.
	New paragraph 14E of Schedule 2A imposes restrictions on multiple exercises of the power in relation to the same offence. A person cannot be recalled for a third or subsequent occasion without the recall being authorised by an officer of at least the rank of inspector.
	Subsections (6) to (8) make other consequential amendments to Schedule 2A to reflect the fact that the Schedule now deals with the taking of photographs as well as fingerprints and samples.