The Fingerprinting Difficulty in Scotland

AuthorW. J. Swan
DOI10.1177/0032258X3300600413
Published date01 October 1933
Date01 October 1933
Subject MatterArticle
The Fingerprinting Difficulty
in
Scotland
By W.
J.
SWAN
Police Constable,
Edinburgh
SCOT T I SH readers of The
Police
Journal are no doubt
aware of the present uncertainty as to the extent of the
powers of the police to fingerprint prisoners and suspects who
are in custody on serious charges.
The
purpose of this article
is to sketch the history of the trouble and to explain the present
position. .
The
question was first raised in Scotland in the case of
Adamson v. Martin 1916, S.C. 319, a civil action for damages
at the instance of a young lad of seventeen years, directed
against the Chief Constable of Perthshire, and concluding for
£200
damages.
The
following summary of the facts is taken
from the judgment of the Lord Justice Clerk
--
'Pursuer
was . . . charged with stealing a bicycle near Perth. He was
not apprehended, his mother's undertaking that he would
attend the pleading diet being accepted as sufficient.
'He
duly attended said diet, accompanied by his mother,
and pleaded not guilty, and was liberated without bail, the
trial being fixed for a later date. After being liberated, two
detective sergeants of the Perthshire police force asked pursuer
to accompany them to the county police office,and caused him
to be photographed and imprints of his fingers to be taken in
order that the photographs and imprints might be retained
by the criminal authorities.
The
fingerprints were taken in
a back court at the police station. After hearing the evidence
(on a later date) the Sheriff-Substitute found the charge not
proven'.

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