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Home Office

Answer

Mrs. Curtis-Thomas: To ask the Secretary of State for the Home Department (1) what powers police officers have to establish a person's identity; [159755] (2) if he will make a statement on how identity cards will assist the police in stop and searches if carrying a card is to be voluntary. [159756] Beverley Hughes: The police have powers to take steps to identify a person who has been arrested including checking biometric information. There are also classes of criminal offences which are non-arrestable and are enforced by sending a summons. In these situations, the police have to be certain of a person's name and address. If a person refuses to identify themselves in these circumstances or the police are not satisfied with the information given, they have a power of arrest after which biometric checks can be made. Sections 9 and 10 of the Criminal Justice Act 2003 has extended the circumstances in which the police may record biometric information without consent to include recording from a person arrested for a recordable offence and detained in a police station. This addition to s61 and 63 of the Police and Criminal Evidence Act (PACE) 1984 will prevent persons who come into police custody and who may be wanted on a warrant or for questioning on other matters from avoiding detection by giving the police a false name and address. These provisions come into effect on 5 April 2004. The National Identity Register will link each individual's record to a biometric that is unique to that person. This means that even without a card being produced, it will be possible to check someone's biometric information directly with the National Identity Register to establish his or her identity. This could be done with the person's consent or without consent in certain limited circumstances such as establishing the identity of arrested persons in line with the powers set out above.

Secondary information

Type

Written question

Reference

419 c139W;419 c138-9W; 159755;159756

Session

2003-04

Subjects

Biometrics Identity cards Police Powers Proof of identity Stop and search

Link

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