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DNA & Fingerprints at the Police Station

Your rights regarding biometric samples and data retention

Quick Answer: PACE sets out rules for taking fingerprints (s.61) and samples (including non‑intimate samples under s.63 and intimate samples under s.62).[1] [2] [3] Key terms (including “appropriate consent”, “intimate sample” and “non‑intimate sample”) are defined in section 65.[4]

In my experience, clients are sometimes asked to consent to samples without understanding the statutory basis — take legal advice before agreeing.

What Samples Can Police Take?

There are different categories of samples in law, with different rules for each (fingerprints, non‑intimate samples, and intimate samples).[1] [2] [3] [4]

Fingerprints

PACE section 61 governs fingerprinting and includes cases where fingerprints may be taken without “appropriate consent” (with consent rules also addressed in the section).[1]

Non-Intimate Samples

  • DNA mouth swab – rubbed inside cheek
  • Hair samples (excluding pubic hair) – including roots
  • Swabs from external body surfaces – not body orifices
  • Footprints – less common but possible

PACE section 63 governs non‑intimate samples and includes circumstances where they may be taken without “appropriate consent”.[2] Terms (including “non‑intimate sample” and “appropriate consent”) are addressed in section 65.[4]

Intimate Samples

  • Blood
  • Semen
  • Urine
  • Pubic hair
  • Swabs from body orifices (except mouth)
  • Dental impressions

PACE section 62 provides that an intimate sample may be taken from a person in police detention only if authorisation and “appropriate consent” requirements are met (subject to the section).[3] Definitions are in section 65.[4]

Your Rights When Samples Are Taken

  • Different rules apply depending on whether it is fingerprints, an intimate sample, or a non‑intimate sample.[1] [2] [3] [4]
  • Intimate samples have additional statutory safeguards (including consent/authorisation requirements).[3]

Key Takeaways

  • Police can take DNA and fingerprints when you're arrested
  • You cannot refuse non-intimate samples
  • Intimate samples require your written consent
  • If convicted, records are kept indefinitely
  • If not convicted, you may apply for deletion

Frequently Asked Questions

Can police take my DNA when I'm arrested?

PACE section 63 sets out rules on non‑intimate samples and when they may be taken with or without “appropriate consent”.[2] [4]

Can I refuse to give fingerprints at the police station?

PACE section 61 sets out when fingerprints may be taken without “appropriate consent”.[1]

How long are DNA and fingerprints kept on record?

Retention/deletion depends on the legal basis and your circumstances. Take advice on your specific situation.

Can I get my DNA deleted from the police database?

Whether deletion is possible depends on the legal basis for retention and your circumstances. Take advice on your case.

What is an intimate sample?

PACE defines “intimate sample” and section 62 sets out key safeguards (including consent/authorisation requirements).[3] [4]

Sources

  1. Police and Criminal Evidence Act 1984 (PACE) s.61 (fingerprinting)https://www.legislation.gov.uk/ukpga/1984/60/section/61
  2. PACE s.63 (non-intimate samples)https://www.legislation.gov.uk/ukpga/1984/60/section/63
  3. PACE s.62 (intimate samples)https://www.legislation.gov.uk/ukpga/1984/60/section/62
  4. PACE s.65 (definitions incl. “appropriate consent”, “intimate sample”, “non-intimate sample”)https://www.legislation.gov.uk/ukpga/1984/60/section/65

General information only — not legal advice. While every care is taken to ensure what is stated is accurate and reflects current law and official guidance, errors may occur and the law changes. Do not rely on this page instead of advice from a qualified solicitor about your own situation. Legal services are provided through Tuckers Solicitors LLP (SRA ID: 127795) where applicable. If you believe something on this page is incorrect, please contact us and say you are reporting a content error.

Questions About DNA & Fingerprints?

If you have concerns about samples taken at the police station or need help applying for deletion, I can advise.

Call01732 247427Text07535 494446