Q&As

What powers do the police have to obtain or compel a suspect to provide a handwriting sample for comparison? What procedure applies?

read titleRead full title
Published on LexisPSL on 01/09/2016

The following Corporate Crime Q&A provides comprehensive and up to date legal information covering:

  • What powers do the police have to obtain or compel a suspect to provide a handwriting sample for comparison? What procedure applies?
  • Powers to obtain or compel a suspect to provide handwriting sample
  • Applicable evidence procedures

What powers do the police have to obtain or compel a suspect to provide a handwriting sample for comparison? What procedure applies?

In answering this Q&A we have limited our research to cover police powers to obtain such evidence.

Powers to obtain or compel a suspect to provide handwriting sample

There are no specific provisions contained in the Police and Criminal Evidence Act 1984 (PACE 1984) which give the police the power to compel a person to provide a handwriting sample. Such a sample would fall outside the scope of an intimate (PACE 1984, s 62) or non-intimate (PACE 1984, s 63) sample for the purposes of PACE 1984.

In practice, such evidence is likely to be secured by the police using their search and seizure powers under PACE 1984. The police would have the authority either through a warrant, by consent or pursuant to PACE 1984, s 19 to seize any copies of handwriting which they suspect has been produced by a suspect held at their property so long as the statutory requirements for the search and seizure are met. For further information on police powers of seizure, see Practice Note: Seizure and retention of property.

If the police have come to the conclusion that the handwriting is

Related documents:

Popular documents