Report - Guardian

138 The LSE Identity Project Report: June 2005his arrest for a recordable offence. Section 10 extends the same power to the taking ofnon-intimate samples.Section 110 SOCPA 2005 when brought into force will remove the distinction betweenarrestable and non-arrestable offences; there will be a power of arrest for all offences,no matter how petty. As a result, the regime within PACE for non-arrestable offences isrewritten, allowing constables to arrest without warrant anyone who is about to commitany offence, or whom he has reasonable grounds for suspecting to be about to commitan offence. It would appear that the new powers will extend to any offence, as ‘offence’does not seem to be defined, and may therefore include bye-law offences. PACE isrewritten by s110(4) SOCPA, which provides that the new PACE arrest powers “are tohave effect in relation to any offence whenever committed”.Thus there will be a power of arrest for a host of minor matters that hitherto would havebeen commenced by summons. Those committing motoring offences, such as speeding,failing to comply with a traffic sign, or parking on a yellow will be liable to arrest. Aperson seen in school time with their child, because they are not required to be inschool, have leave of absence, have a medical appointment or are educated at home, isliable to arrest if a police officer does not accept the explanation and believes he hasreasonable grounds to suspect that the offence of failing to secure regular attendance atschool is being committed (s444 Education Act 1996).Under PACE, fingerprints can be taken at any time with consent; before charge on theauthority of a superintendent who has reasonable grounds for suspecting that a person isinvolved in a criminal offence; after charge with a recordable offence. Under SOCPA,fingerprints and photographs may be taken if the constable reasonably suspects that aperson is committing, or attempting to commit, an offence, if the name of the person isunknown, or if the constable has reason to doubt the given name.In summary, the new and pending legislation will permit police to conduct identitychecks and fingerprinting for any offence, no matter how trivial, and to bail that personto appear at a police station. The existence of an identity card and national register iscentral to the execution of these new powers.