Do I Have to Provide My Photograph, DNA and Fingerprints to the Police?

Can the police take my photograph?

Under section 64A of the Police and Criminal Evidence Act 1984 (PACE), the police may photograph a person detained at a police station. The photograph may include the face and identifying marks. Where the statutory power applies, consent is not required and reasonable force may be used if necessary.

A request made during a voluntary interview is not automatically the same as a lawful requirement following arrest. Ask whether you are under arrest, whether you are free to leave and which legal power is being used.

Do I have to give fingerprints?

PACE section 61 allows fingerprints to be taken without consent in a number of circumstances. These include when a person is detained following arrest for a recordable offence and the fingerprints are required for identification or investigation purposes. Powers may also apply after charge, where a person is told they will be reported, or in certain other statutory situations.

The police should tell you why fingerprints are being taken and record the reason. Reasonable force may be used where fingerprints may lawfully be taken without consent.

Can police take my DNA without consent?

A mouth swab used to obtain DNA is normally a non-intimate sample. Under PACE section 63, the police may take a non-intimate sample without consent from a person detained after arrest for a recordable offence, subject to the statutory conditions. Hair other than pubic hair, nail material and most external body swabs are also classed as non-intimate samples.

Different safeguards apply to intimate samples, including blood, semen, urine, pubic hair, dental impressions and swabs from the genitals or a body orifice other than the mouth. These generally require written consent, proper authorisation and, for most samples, an appropriately qualified healthcare professional.

Read the official Police and Criminal Evidence Act 1984 ↗ and PACE Code D ↗.

What if I am attending voluntarily?

A voluntary interview does not by itself give the police every power available after arrest. You should be told that you are not under arrest and are free to leave unless that changes. However, the police may ask you to consent to photographs, fingerprints or samples, and separate statutory powers may apply depending on your circumstances.

Do not refuse physically or argue at the custody desk. Ask for a criminal defence solicitor, establish whether the request is compulsory or voluntary, and obtain advice about the consequences of agreeing or refusing.

What happens to fingerprints and DNA afterwards?

Fingerprints and DNA profiles may be checked against police databases. How long they can be retained depends on factors including the outcome of the investigation, any charge or conviction, previous convictions and whether the alleged offence is a qualifying offence. If a person is arrested but not charged, the records will often be deleted, although extended retention can be authorised in specified cases. See the government’s biometric-retention guidance ↗.