Part 2: Prevention and Investigation Measures Enforcement Schedule 12: Fingerprints and samples
This schedule makes provision for the taking and retention of biometric material from individuals subject to a Part 2 notice.
	Paragraph 1 makes provision for England, Wales and Northern Ireland relating to the taking of fingerprints and non-intimate samples from individuals subject to a Part 2 notice.
	"Fingerprints" and "non-intimate samples" have the same meaning as that given in section 65 of the Police and Criminal Evidence Act 1984 ("PACE"). That is, "fingerprints" include palm prints and "non-intimate samples" means a sample of hair other than pubic hair; a sample taken from a nail or from under a nail; a swab taken from any part of a person’s body including the mouth but not any other body orifice; saliva and a footprint or a similar impression of any part of a person’s body other than a part of their hand.
	Paragraph 2 provides that a constable in England, Wales and Northern Ireland may only take the fingerprints or samples from an individual once under the same Part 2 notice, unless there is a technical deficiency with material taken previously taken under the same notice.
	Paragraph 3 provides a constable in England, Wales, and Northern Ireland with powers to require a person who is subject to a Part 2 notice to attend a police station (on notice) for the purposes of having their fingerprints and/or non-intimate samples taken. In the event that such a request is not complied with, the person may be arrested without a warrant. This is in line with the general provision allowing constables to require specified individuals to attend a police station for the purposes contained in Schedule 2A to PACE, which was inserted by section 6 of the Crime and Security Act 2010.
	Paragraph 4 makes provision for Scotland relating to the taking of relevant physical data and samples from an individual subject to a Part 2 notice. In line with current procedures in Scotland, constables would need authorisation from an officer of the rank of inspector or above to take certain types of non-intimate samples (non-pubic hair or nail samples and external body fluid samples) from individuals subject to a Part 2 notice. A constable does not require such authorisation to take fingerprints, palm prints, other external body prints and saliva samples. In contrast, current procedures in England, Wales and Northern Ireland allow constables to take fingerprints and all non-intimate samples when individuals are arrested under PACE or the Police and Criminal Evidence (Northern Ireland) Order 1989 ("PACE NI") without such authorisation. The differences in the approach in Scotland – and the differing definitions of the material to be taken – arise because the provisions in this Schedule are intended to be in line with existing police procedures and legislation in each country.
	Paragraph 5 provides a power to check the biometric material of an individual subject to a Part 2 notice against other such material held under a variety of powers.
	Paragraphs 6 to 11 make provision relating to the destruction and retention of material taken from individuals subject to a Part 2 notice by virtue of the powers conferred on constables in the previous paragraphs. Where an individual has no relevant previous convictions, fingerprints and DNA profiles may only be kept for six months after the Part 2 notice ceases to be in force. This is subject to the provision that, in the event that the Part 2 notice is quashed, the material may be retained until there is no further possibility of an appeal against the quashing. In addition, should the Part 2 notice be revived or a new Part 2 notice imposed during the six month period following the cessation of the Part 2 notice that was in force when the material was taken, or within or immediately after the end of the period during which any appeal may be made, the material may be retained for a further six months after the revived or subsequent Part 2 notice ceases to be in force (or until there is no further possibility of an appeal against any quashing of that Part 2 notice).
	As per similar provisions in PACE and the Terrorism Act 2000, the material need not be destroyed if a chief officer of police (or chief constable in Scotland or Northern Ireland) determines that it is necessary to retain that material for purposes of national security. In such circumstances it may be retained for up to five years; it is open to that chief officer to renew a national security determination in respect of the same material to extend further the retention period by up to two years at a time. The independent Commissioner for the Retention and Use of Biometric Material (provided for under the Protection of Freedoms Act 2012) will keep under review such national security determinations and the uses to which such material is put.
	Paragraph 12 provides for a police officer to make a determination to retain a second set of fingerprints from a detained person for the same retention period as a first set, if both the conditions at sub-paragraph (3) and (4) are met. This ensures there are not multiple retention periods. Paragraph 13 sets out the requirement to destroy DNA samples. Paragraph 14 specifies the uses to which material taken can be put.