---

Home Office

Answer

Mr. Roger Williams: To ask the Secretary of State for the Home Department how many people were required to provide fingerprints and photographs when attending a police station in connection with a possible offence relating to section 2 of the Dogs Act 1871 in (a) Wales and (b) England in (i) 2001, (ii) 2002 and (iii) 2003. [162183] Ms Blears: Under section 2 of the Dogs Act 1871 a Magistrates' Court may make an order for a dog to be kept under proper control or for the destruction of the dog. The section does not create an offence. The powers under sections 27 and 61 of the Police and Criminal Evidence Act (PACE) 1984, (as amended), to take fingerprints without consent from convicted persons are restricted to persons who have been convicted for a recordable offence. Recordable offences are those which have to be recorded on the Police National Computer to form part of a person's criminal record. They are set out in the National Police records (Recordable Offences) Regulations 2000 (SI 2000 No 1139) (as amended). They include convictions, cautions, reprimands and warnings given in respect of an offence punishable with imprisonment and any offence specified in the Schedule to the regulations. Under section 64A(1) of PACE, a constable or designated person may photograph a person detained at a police station with or without that person's consent. Where there are reasonable grounds for suspecting the involvement of a person in a criminal offence, but that person is at a police station voluntarily and not detained, there are no powers to take fingerprints or photograph that person without consent.

Secondary information

Type

Written question

Reference

419 c777W;419 c779W; 162183

Session

2003-04

Subjects

Dogs Identification of criminals Offenders

Legislation

Dogs Act 1871

Link

View this Written question on www.publications.parliament.uk