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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 80797
Experience:  Over 5 years in practice
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My daughter has too go too police station too ave

Customer Question

Hi my daughter has too go too police station too ave fingerprints and picture done can they keep her in she is 5 months pregnant
JA: Where is this? It matters because laws vary by location.
Customer: Wigan
JA: What steps have been taken so far?
Customer: None this was in march so the cops has just now decided too arrest her over a txt she sent in march
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Yes her ex is keeping hold of her daughter and he wont tell her were she is so she upset and asking him can she see her and her ex new girlfriend is saying too her she going too be a better mum than her but nothing happening too them
Submitted: 21 days ago.
Category: Law
Expert:  Jo C. replied 21 days ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 21 days ago.

Hi, welcome to Just Answer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Can you explain the background and why she was arrested please

Expert:  Jo C. replied 21 days ago.

Actually, it doesn't matter, I can give you an overall answer.

Expert:  Jo C. replied 21 days ago.

Thank you.

The police can request that anyone in the following categories attends the police station to have their fingerprints taken:

· {C}The person has been arrested for a recordable offence and released and if on bail, has not previously had his fingerprints taken during the investigation into the offence; or, although the prints were previously taken, they do not constitute a complete set of prints or are of insufficient quality to allow proper comparison and analysis. This request must be made within six months of the investigating officer being informed that the prints already taken were either incomplete or of insufficient quality.

{C}· {C}The person has been charged with a recordable offence or informed that he will be reported for such an offence and has not previously had his prints taken or, if taken, they are incomplete or of insufficient quality. This request must be made within six months of the person being charged or informed, or where the request follows from the prints being incomplete or insufficient, within six months of the investigating officer being informed of this fact.

{C}· {C}The person has been convicted of a recordable offence or cautioned for it and his fingerprints were not previously taken or, if taken, were incomplete or of insufficient quality. This request must be made within two years of the conviction or caution.

{C}· {C}The person has been convicted of a qualifying offence committed abroad under section 61(6D) of PACE. There is no limit of time as to when the request for attendance has to be made.

They do have to give at least seven days' notice of the requirement to attend unless there is an urgent need for the fingerprints in an ongoing investigation and an officer of at least the rank of inspector authorises this. For more information, see section 63A(4) and Schedule 2A of PACE 1984.

There is a power of arrest for the purposes of having prints taken under Schedule 2A of PACE which is contained in paragraph 17 of Schedule 2A.

As to the issue of retention of prints, there are detailed rules governing the retention and destruction of fingerprint data are contained within sections 63D to 63U of PACE. In essence, the rules provide as follows:

{C}· {C}The fingerprints must be destroyed if it appears to the responsible chief officer that the taking of the print was unlawful.

{C}· {C}Even though the fingerprints may have been obtained illegally and therefore subject to a requirement of destruction, the responsible chief officer of police may permit a speculative search to be carried out against the fingerprints.

{C}· {C}The fingerprints must be destroyed unless there is a power to retain them conferred by sections 63E to 63O.

{C}· {C}The fingerprints may be retained for the duration of the investigation of the offence or proceedings against that person that gave rise to the power to take them.

{C}· {C}If the person has previously been convicted of a recordable offence but acquitted in the proceedings that gave rise to the recent power to take them, the fingerprints may be retained indefinitely (see section 63F).

{C}· {C}If the proceedings for which the fingerprints were taken results in that person's acquittal, then unless the person has previously been convicted of a recordable offence, the maximum period the fingerprints may be retained by the police is three years, beginning on the date when the fingerprints were taken.

{C}· {C}Where a person is convicted of a recordable offence for which the fingerprints were obtained, those fingerprints may be retained indefinitely.

{C}· {C}The fingerprints of those that have been taken under section 61(6D) of PACE (qualifying offence committed abroad) may be retained indefinitely.

{C}· {C}Where a person gives their prints voluntarily, those prints may be retained until the purpose for which they were given has been fulfilled. However, where given voluntarily but where the provider is subsequently convicted of a recordable offence or has previously been convicted of a recordable offence, the fingerprints may be retained indefinitely.

{C}· {C}The responsible chief office of police may make a national security determination in relation to the fingerprints. That determination must be in writing, be for a maximum of two years from the date it was made and be subject to renewal.

{C}· {C}There are special detailed rules providing for people under the age of 18 years who are convicted of particular recordable offences where a time limit of five years is mandated for the retention of their prints where they receive a sentence of less than five years imprisonment. Where the person receives more than five years imprisonment, their prints may be retained indefinitely (see section 63K).

The Protection of Freedoms Act 2012 (PFA 2012) came into force on 31 October 2013 in response to S and Marper v UK, 30562/04 and 30566/04, where the court ruled that the blanket retention of DNA profiles taken from innocent people posed a disproportionate interference with the right to private life in violation of Article 8 of the European Convention on Human Rights. Sections 1 to 25 cover DNA and fingerprint retention. HM Government has published a policy paper explaining how the PFA 2012 works.

The retention periods for fingerprints and DNA profiles for adults are as follows:

{C}· {C}Retained indefinitely if convicted.

{C}· {C}Retained for three years, plus a two-year extension if granted by a district judge for an individual charged with but not convicted of a recordable qualifying offence.

{C}· {C}Retained for three years if granted by the Biometrics Commissioner plus a two-year extension if granted by a district judge for an individual arrested for but not charged with a qualifying offence.

Can I clarify anything for you?

Jo

Customer: replied 21 days ago.
But how can he keep getting her arrested over a txt on seeing her own daughter
Customer: replied 21 days ago.
can the police keep her in
Expert:  Jo C. replied 21 days ago.

I think we are cross posting. Its not very likely they would keep her in.