Power to Take Fingerprints, Photos, etc., of Suspects.

Power to Take Fingerprints, Photos, etc., of Suspects

Section 59 of the Criminal Procedure Act confers broad powers on police officers to collect physical evidence and biometric data from both suspects and non-suspects for identification and investigative purposes. Subsection (1) authorizes police officers in charge of a station or investigation to take—or cause to be taken—measurements, fingerprints, footprints, voice recordings, photographs, and handwriting samples of any person charged with an offence. These procedures must be reasonably believed to be necessary either for identifying the suspect or providing evidence of the offence.

Subsection (2) extends this power to persons not charged with an offence, where such biometric or physical data is considered reasonably necessary for facilitating the investigation of a crime. This implies that even witnesses or persons of interest may be subjected to data collection under lawful justification.

Under subsection (3), individuals are not entitled to refuse the collection of their data as outlined above. If they do refuse, the law authorizes police to use reasonable force to obtain the data, ensuring compliance with investigative procedures. Subsection (4) goes further by criminalizing such refusal, imposing penalties of a fine up to 10,000 Tanzanian shillings, imprisonment up to 24 months, or both.

Subsection (5) provides protective measures concerning privacy and disposal of collected records. If a person charged is not prosecuted or is acquitted, or if the data is no longer required in cases involving uncharged individuals, the collected material must be destroyed, except under circumstances specified in subsection (10).

Subsections (6) through (9) deal with the establishment and operation of the Criminal Records Office (CRO), where all fingerprint forms are to be stored, indexed, and analyzed. The CRO operates under the Inspector General of Police, with technical oversight by a fingerprint expert appointed by the Attorney General.

Finally, subsection (10) provides an exception to the destruction requirement. It permits retention of biometric data if it relates to persons for whom expulsion orders under the Expulsion of Undesirables Act have been revoked, signifying the state's security interests in maintaining such records.