If you are arrested, it is likely that the police will want to take fingerprint samples from you, but also sometimes saliva, blood or other samples from your body. This will be used as evidence if you are charged with an offence. Proper procedure must be adhered to at all times when taking samples and fingerprints, particularly when it comes to young people or those with a cognitive disability or mental illness. If proper procedure hasn’t been followed, contact Vanessa Ash or your lawyer to discuss your case.
Fingerprinting
The procedure is age-dependent.
- Aged 15 or older – a police officer can obtain your fingerprints if they believe that you have committed an indictable offence (like shoplifting or assault).
- Aged 15 to 17 – police must get a parent, guardian or independent person (an adult) to be present when they ask to get your fingerprints – note, this is when they ask to get fingerprints. This adult must also be there when they take the fingerprints, with the process videod if the person is under 17 years of age.
Those with cognitive disabilities or mental illness must have an independent third person present for the asking and taking of fingerprints. Your fingerprints cannot be taken for summary offences such as jaywalking or littering.
The police are able to use force to get your fingerprints if you refuse, but this force must be reasonable and not too rough. If you want to make a complaint about treatment by a police officer, you can – see our article on police complaints here.
Fingerprints must be destroyed after six months if you have, by that time, not been charged with an offence, or if the court has found you not guilty of the offence. There are different rules for those under the age of 18. You can ask if your fingerprints have been destroyed.
Body samples
There are several different types of samples, including blood, saliva, pubic hair, anal/genital/breast swabs, or tests done in the mouth including dental impressions. Other non-intimate samples could be hair, fingernail/toenail samples, or external body swabs.
You are able to say no to any of these samples, but police may get a court order if you refuse. Senior police officers can approve non-intimate body samples without permission from the court.
- Ages 10 to 17 – the police must have a court order, and a parent, guardian or independent third party (adult) must be present.
- Aged under 10 – police cannot get body samples at all
Anyone with a cognitive disability or mental illness must have an independent third person (adult) present.
Driving and body samples
Blood samples may be taken if you have been in a car accident, and the police can do mouth swabs and breath tests to check drivers for drugs and alcohol. You should obtain legal counsel before consenting to any body swabs, since this evidence can and will be used against you.
Procedures of taking body swabs
A qualified doctor, nurse or dentist are the only people allowed to take samples – not police officers. It is usually preferred that the doctor is the same gender as the accused if intimate samples are being taken. You do not have to answer any questions asked by the nurse or doctor or dentist, and a police officer must tell you this before the sample is taken. Non-intimate body samples can be taken by a police officer.
Body samples can only be kept for 12 months, then must be destroyed, so long as you haven’t been charged with an offence at that time and no court has found you guilty of the offence. If police have treated you badly or not followed protocol, you can make a complaint. Call Vanessa Ash for legal assistance on any of these matters, including out of hours.
Get sound legal advice from an experienced lawyer. Contact Vanessa Ash.