Can Police Take Your Fingerprints, Photograph or DNA After Arrest?

Yes. If you are arrested and taken into police custody in England and Wales, the police can take your fingerprints, photograph and certain DNA samples without your consent in circumstances permitted by law. These powers are mainly governed by the Police and Criminal Evidence Act 1984 (PACE) and PACE Code D.

The fact that the police take your fingerprints, photograph or DNA does not mean that you have been charged or found guilty of an offence. These procedures are commonly used to establish identity, investigate suspected offences and compare evidence with material held on police databases.

However, the police must have a legal basis for taking and retaining biometric information, and different rules apply depending on the circumstances of your arrest, the offence involved and the outcome of the investigation.

If you are unsure why the police are taking your fingerprints, photograph or DNA, or you are concerned about what will happen to your information, speaking to a criminal defence solicitor can help you understand your position.

Table of Contents

What Is PACE Code D and Why Does It Matter?

PACE Code D is the police code of practice governing statutory identification procedures, including fingerprints, photographs, DNA and other identification evidence in England and Wales.

Code D provides guidance about:

• Fingerprinting
• Taking photographs
• DNA and other body samples
• Identification procedures
• Establishing a person's identity
• The use and handling of identification information
• Certain retention and destruction procedures

The current revised PACE Code D took effect on 20 December 2023.

This means that if you believe the police have not followed the correct procedure, the circumstances should be considered against the relevant statutory powers and Code D requirements.

Can The Police Take Your Photograph After Arrest?

Yes. The police can have legal powers to photograph a person in custody, including for identification and criminal investigation purposes.

A custody photograph may be taken to:

• Record your identity.
• Help confirm who you are.
• Assist with an investigation.
• Compare your image with other images connected with an investigation.
• Help identify you if your identity is uncertain.
• Assist with identification procedures.
• Help police locate or trace a person in appropriate circumstances.

The rules are set out in PACE and Code D, which govern police identification procedures in England and Wales.

Importantly, having your photograph taken by the police does not by itself mean you have been charged with an offence.

When Do Police Take Fingerprints?

Police can take your fingerprints when you are arrested and detained at a police station, particularly where you are suspected of a recordable offence. In some circumstances, they can also take fingerprints without arrest where specific legal conditions apply.

• After you have been arrested and taken into police custody.
• During a criminal investigation to establish or confirm your identity.
• Where your identity is unknown or cannot be satisfactorily established.
• Where the police have reason to doubt the identity you have provided.
• To compare your fingerprints with evidence from a crime scene.
• The police do not always need your consent where PACE gives them the power to take fingerprints.

Can The Police Take Your Fingerprints Without Your Permission?

Yes. Police can take your fingerprints without your consent if you have been arrested for a recordable offence and are detained at a police station, or if you have been charged with, reported for, or convicted of a recordable offence.

• Fingerprints can be taken without consent once you are under arrest for a recordable offence (broadly, any offence that can result in a prison sentence, plus some other specified offences)
• An officer of at least the rank of inspector can also authorise fingerprinting away from a police station in some situations, such as to check your identity
• If you attend a police station voluntarily (not under arrest), officers generally need your consent to take fingerprints, unless a separate legal power applies
• Fingerprints are usually taken electronically using a digital scanner (LiveScan) rather than ink
• You do not need to be charged for fingerprints to be lawfully taken, arrest alone is normally sufficient

Why Do the Police Take Your Fingerprints?

The police may take fingerprints to establish your identity, investigate an alleged offence or compare your fingerprints with evidence obtained during an investigation.

Fingerprints can be used to:

• Confirm who you are.
• Check your identity against police records.
• Compare your fingerprints with fingerprints found at a crime scene.
• Help investigate whether you may have been involved in an offence.
• Check whether fingerprints are connected with another investigation.
• Identify a person whose identity is unknown or uncertain.

The police can also use fingerprint information in a speculative search, meaning fingerprints can be compared with other fingerprint records held by law enforcement authorities, subject to the applicable legal framework.

Can Police Take Your Fingerprints Without Arresting You?

Yes. Police can take your fingerprints without arresting you in certain circumstances, such as where they need to establish or confirm your identity and the legal conditions for taking fingerprints without arrest are met.

• If your identity is unknown or cannot be readily established.
• If the police have reasonable grounds to doubt the identity you have provided.
• An inspector or more senior officer may authorise fingerprinting in certain circumstances.
• You may be asked to provide fingerprints voluntarily, in which case your consent is generally required.
• If the police have a specific legal power to take your fingerprints without consent, you may not be able to refuse.

Can The Police Take Your DNA Without Your Consent?

Yes, in certain circumstances the police can take a DNA sample without your consent. GOV.UK confirms that the police may have the right to take a DNA sample, such as a mouth swab, as well as fingerprints and photographs following arrest.

A DNA sample may be taken to:

• Establish or confirm identity.
• Investigate an alleged offence.
• Compare your DNA profile with material recovered from a crime scene.
• Compare your DNA with information held on police databases.
• Help determine whether biological material found during an investigation is connected to you.
• Assist with the investigation or detection of crime.

A common method is a mouth or cheek swab, which is a non-intimate sample.

The rules are different for intimate samples such as blood or urine in certain circumstances. These may require additional safeguards and, depending on the circumstances, consent and appropriate authority.

What Happens to Your DNA After the Police Take It?

The DNA sample and DNA profile are treated differently. A DNA sample will generally be destroyed once a suitable DNA profile has been obtained, and in any event within the period permitted by law. The DNA profile may be retained for longer under the statutory retention rules.

It is important to understand the difference:

• A DNA sample is the biological material taken from you.
• A DNA profile is information generated from analysing that sample.
• The sample must generally be destroyed once a satisfactory profile has been obtained and, in any event, within six months, subject to limited exceptions.
• The DNA profile may be retained under the statutory retention rules.
• The rules also apply to fingerprints.
• The period for which biometric information can be retained depends on factors including the offence, your age and the outcome of the case.

So, having a DNA sample taken does not necessarily mean that the physical sample itself will remain stored indefinitely.

How Long Can the Police Keep Your Fingerprints and DNA?

Retention periods depend on your age, whether you were charged, convicted, or the offence type, and can range from immediate deletion to indefinite retention.

Relevant factors can include:

• Whether you were convicted.
• Whether you received a caution.
• Whether you were charged but not convicted.
• Whether the offence is a qualifying offence.
• Whether the offence is recordable.
• Your age when the alleged offence was committed.
• Whether exceptional circumstances allow further retention.

For example, biometric information can be retained for longer periods in certain cases involving qualifying offences.

Where a person is arrested for a qualifying offence but is not charged, there are circumstances in which the police can apply for retention of fingerprints and DNA profiles for up to three years, with the possibility of a further extension subject to the relevant legal process.

Can You Get Your Fingerprints or DNA Removed from Police Records?

Sometimes. There are circumstances in which fingerprints and DNA profiles must be deleted, and there is also a process for requesting deletion in appropriate cases.

For example, the statutory rules provide for destruction where:

• The fingerprint was taken unlawfully.
• The DNA sample from which the profile was derived was taken unlawfully.
• The arrest was unlawful.
• The arrest was based on mistaken identity.
• The material is no longer legally permitted to be retained.

There is also government guidance covering applications for deletion from national police systems, including the:

• Police National Computer (PNC).
• National DNA Database (NDNAD).
• National Fingerprint Database (IDENT1).

Whether deletion is appropriate depends on the individual circumstances. A solicitor can advise you about the available options and whether there are grounds for requesting deletion.

What If the Police Take Your Fingerprints, Photograph or DNA But Do Not Charge You?

Not being charged does not necessarily mean that your fingerprints, photograph or DNA will immediately disappear from all police records. Different retention rules apply to different types of information.

If the police decide not to charge you:

• Your fingerprints and DNA profile may be subject to deletion under the statutory rules.
• In certain circumstances, retention may be permitted for longer.
• The police may be able to apply for extended retention in qualifying cases.
• Your custody record and other information about the investigation are separate issues.
• Photographs are also subject to rules concerning their retention and destruction.
• The precise position depends on the circumstances and the outcome of the case.

Being released without charge therefore does not automatically answer the question of whether every piece of information held about you has been deleted.

Can You Refuse to Give Fingerprints in the UK?

You can refuse to cooperate, but if the police have a lawful power to take your fingerprints without consent, refusal will not necessarily prevent them from taking them. Reasonable force may be used if necessary.

• This can apply if you are detained at a police station after being arrested for a recordable offence.
• The police must tell you why your fingerprints are being taken and the legal power they are relying on.
• If you refuse, reasonable force may be used where necessary.
• Any use of force should be recorded.
• If you are unsure whether the police have the legal power to take your fingerprints, ask for a solicitor.

What Happens If You Refuse to Give Fingerprints Or DNA?

Refusing to provide fingerprints or certain samples does not necessarily prevent the police from taking them where they have a lawful power to do so.

The consequences depend on:

• What type of sample is being requested.
• Why the police want the sample.
• Whether you are under arrest or detained.
• Whether the sample is intimate or non-intimate.
• Whether the police have statutory authority to take it without consent.
• Your age and vulnerability.
• The circumstances of the investigation.

For certain intimate samples, refusing without good cause can have consequences in criminal proceedings, and the applicable rules include specific warnings and safeguards.

This is one reason why it is sensible to obtain legal advice rather than simply refusing a police request.

Will Having Your Fingerprints or DNA Taken Affect Your Criminal Record?

No. Having your fingerprints, photograph or DNA taken does not by itself create a criminal conviction or mean that you have a criminal record.

These are identification and investigative procedures.

For example:

• You can be arrested and have fingerprints taken without being convicted.
• You can provide a DNA sample during an investigation without being charged.
• Your photograph may be taken for identification purposes.
• A fingerprint or DNA profile being held by police does not itself prove that you committed an offence.

However, biometric information can potentially be used as evidence or compared with evidence in a criminal investigation.

The outcome of the criminal case is separate from the fact that your biometric information was taken.

Can Your DNA Or Fingerprints Be Compared with Crime Scene Evidence?

Yes. Police can use fingerprints and DNA profiles obtained during an investigation to compare them with evidence from crime scenes or other records, subject to the applicable legal framework.

For example:

• A fingerprint taken from you may be compared with a fingerprint recovered from a location.
• Your DNA profile may be compared with biological material recovered during an investigation.
• Police databases can be searched for potential matches.
• A match may provide evidence requiring further investigation.
• A match does not necessarily prove every element of an alleged offence; the overall evidence still has to be considered.

This is why biometric evidence can be an important part of a criminal investigation.

What Rights Do You Have at the Police Station?

If you are arrested and taken to a police station, you have important legal rights, including the right to legal advice.

Depending on your circumstances, you may have the right to:

• Speak to a solicitor.
• Have someone informed of your arrest.
• Receive information about why you have been arrested and detained.
• Have an appropriate adult if you are under 18 or otherwise qualify for one.
• Have the relevant procedures properly recorded.
• Challenge unlawful treatment or detention.

GOV.UK confirms that an appropriate adult should be involved when certain procedures, including taking fingerprints, photographs or DNA samples, are carried out for an under-18 or vulnerable adult.

If you have been arrested, asking for a solicitor at the earliest opportunity can help you understand what is happening before you are interviewed.

Can You Speak to a Solicitor Before Giving A DNA Sample or Fingerprints?

Yes, you can ask for legal advice if you are in police custody. A solicitor can explain what the police are entitled to do and whether you have to consent to a particular procedure.

A criminal defence solicitor can help you:

• Understand the reason for the request.
• Identify the legal power being used.
• Explain whether consent is required.
• Advise you about refusing or complying with a request.
• Advise you during a police interview.
• Check whether your arrest and detention were lawful.
• Advise you about the potential use of biometric evidence.
• Explain possible options for challenging retention or requesting deletion.

If you have been arrested, you should generally ask for a solicitor before your police interview rather than waiting until afterwards.

Can Moeen & Co. Solicitors Help If the Police Have Taken Your Fingerprints Or DNA?

Yes. Moeen & Co. Solicitors can provide criminal defence advice if you have been arrested, interviewed or investigated by the police, including advice about your rights while in custody and the criminal investigation.

Our criminal defence solicitors can assist with matters including:

• Police station representation.
• Arrest and detention advice.
• Police interviews.
• Criminal investigations.
• Fingerprints and DNA evidence.
• Identification procedures.
• Bail applications.
• Pre-charge advice.
• Criminal charges and court proceedings.
• Allegations of unlawful arrest or police procedure.
• Advice concerning the retention or deletion of biometric information where appropriate.

If you have been arrested or the police are investigating you, getting legal advice at an early stage can make an important difference.

Need Advice About an Arrest or Police Investigation?

If the police have arrested you, taken your fingerprints, photograph or DNA, or asked you to attend a police interview, contact Moeen & Co. Solicitors on 0203 959 7755 for legal advice and representation.