DNA samples can be taken from anyone arrested for a recordable offence. The list of such offences has evolved with several statutory instruments (SIs) amending previous legislation and can be difficult to figure out. This post aims to remedy this!
Recordable offences are those which are recorded on the Police National Computer to form part of a person's criminal record. They include convictions for; and cautions, reprimands and warnings given in respect of, any offence punishable with imprisonment and other offences from a scheduled list defined in the National Police Records (Recordable Offences) Regulations 2000 (SI No. 1139) as amended in 2003 by SI No. 2823, 2005 by SI No. 3106 and 2007 by SI No. 2121 – see below. (Conviction for any other offence in the same proceedings may also be recorded in national police records.)
Offences punishable with imprisonment
Since 1997, there have been 1,036 new imprisonable offences, with a big acceleration from 2003 onwards (257 from May 1997 to January 2004, 174 in 2005, 137 in 2006 and 133 in 2007). More detail on offences can be found at:
Specified offences (schedule)
Below is the list of other specified offences defined in the amended National Police Records (Recordable Offences) Regulations. (The number in front of each offence is the section number in the amended regulations.)
1. Giving intoxicating liquor to children under five (section 5 of the Children and Young Persons Act 1933);
2. Exposing children under twelve to risk of burning (section 11 of the Children and Young Persons Act 1933);
3. Failing to provide for safety of children at entertainments (section 12 of the Children and Young Persons Act 1933);
4. Drunkenness in a public place (section 91 of the Criminal Justice Act 1967);
5. Touting for hire car services (section 167 of the Criminal Justice and Public Order Act 1994);
6. Purchasing or hiring a crossbow or part of a crossbow by person under the age of seventeen (section 2 of the Crossbows Act 1987);
7. Possessing a crossbow or parts of a crossbow by unsupervised person under the age of seventeen (section 3 of the Crossbows Act 1987);
8. Failing to deliver up authority to possess prohibited weapon or ammunition (section 5(6) of the Firearms Act 1968);
9. Possessing an assembled shotgun by unsupervised person under the age of fifteen (section 22(3) of the Firearms Act 1968);
10. Possessing an air weapon or ammunition for an air weapon by unsupervised person under the age of fourteen (section 22(4) of the Firearms Act 1968);
11. Possessing in a public place an air weapon by unsupervised person under the age of seventeen (section 22(5) of the Firearms Act 1968);
12. Throwing missiles (section 2 of the Football (Offences) Act 1991);
13. Indecent or racialist chanting (section 3 of the Football (Offences) Act 1991);
14. Unlawfully going on to the playing area (section 4 of the Football (Offences) Act 1991);
15. Trespassing in daytime on land in search of game, etc. (section 30 of the Game Act 1831);
16. Refusal of person trespassing in daytime on land in search of game to give his name and address (section 31 of the Game Act 1831);
17. Five or more persons being found armed in daytime in search of game and using violence or refusal of such persons to give name and address (section 32 of the Game Act 1831);
18. Being drunk in highway or public place (section 12 of the Licensing Act 1872);
19. Obstructing an authorised person inspecting premises before the grant of a licence etc. (section 59(5) of the Licensing Act 2003);
20. Failing to notify change of name or alteration of rules of club (section 82(6) of the Licensing Act 2003);
21. Obstructing an authorised person inspecting premises before the grant of a certificate etc. (section 96(5) of the Licensing Act 2003);
22. Obstructing an authorised person exercising a right of entry where a temporary event notice has been given (section 108(3) of the Licensing Act 2003);
23. Failing to notify licensing authority of convictions during application period (section 123(2) of the Licensing Act 2003);
24. Failing to notify court of personal licence (section 128(6) of the Licensing Act 2003);
24A. Keeping alcohol on premises for unauthorised sale etc. (section 138(1) of the Licensing Act 2003);
24B. Allowing disorderly conduct on licensed premises etc. (section 140(1) of the Licensing Act 2003);
24C. Selling alcohol to a person who is drunk (section 141(1) of the Licensing Act 2003);
24D. Obtaining alcohol for a person who is drunk (section 142(1) of the Licensing Act 2003);
24E. Failing to leave licensed premises etc. (section 143(1) of the Licensing Act 2003);
24F. Keeping smuggled goods (section 144(1) of the Licensing Act 2003);
24G. Allowing unaccompanied children on certain premises (section 145(1) of the Licensing Act 2003);
24H. Selling alcohol to children (section 146(1) and (3) of the Licensing Act 2003);
24I. Allowing sale of alcohol to children (section 147(1) of the Licensing Act 2003);
24J. Purchasing alcohol by or on behalf of children (section 149(1), (3) and (4) of the Licensing Act 2003);
24K. Consumption of alcohol on relevant premises by children (section 150(1) and (2) of the Licensing Act 2003);
24L. Delivering alcohol to children (section 151(1), (2) and (4) of the Licensing Act 2003);
24M. Send a child to obtain alcohol (section 152 (1) of the Licensing Act 2003);
24N. Allowing unsupervised sales by children (section 153(1) of the Licensing Act 2003);
24O. Making false statements (section 158(1) of the Licensing Act 2003);
24P. Allowing premises to remain open following a closure order (section 160(4) of the Licensing Act 2003);
24Q. Obstructing authorised person exercising rights of entry to investigate licensable activities (section 179(4) of the Licensing Act 2003);
25. Making false statement in connection with an application for a sex establishment licence (paragraph 21 of Schedule 3 to the Local Government (Miscellaneous Provisions) Act 1982);
27. Falsely claiming a professional qualification etc. (article 44 of the Nursing and Midwifery Order 2001);
28. Taking or destroying game or rabbits by night, or entering any land for that purpose (section 1 of the Night Poaching Act 1828);
29. Wearing police uniform with intent to deceive (section 90(2) of the Police Act 1996);
30. Unlawful possession of article of police uniform (section 90(3) of the Police Act 1996);
31. Causing harassment, alarm or distress (section 5 of the Public Order Act 1986);
32. Failing to give advance notice of public procession (section 11 of the Public Order Act 1986);
33. Failing to comply with conditions imposed on a public procession (section 12(5) of the Public Order Act 1986);
34. Taking part in a prohibited public procession (section 13(8) of the Public Order Act 1986);
35. Failing to comply with conditions imposed on a public assembly (section 14(5) of the Public Order Act 1986);
36. Taking part in a prohibited assembly (section 14B(2) of the Public Order Act 1986);
37. Failing to comply with directions (section 14C(3) of the Public Order Act 1986);
38. Failing to provide specimen of breath (section 6 of the Road Traffic Act 1988);
39. Penalisation of tampering with vehicles (section 25 of the Road Traffic Act 1988);
40. Kerb crawling (section 1 of the Sexual Offences Act 1985);
41. Persistently soliciting women for the purpose of prostitution (section 2 of the Sexual Offences Act 1985);
42. Allowing alcohol to be carried on public vehicles on journey to or from designated sporting event (section 1(2) of the Sporting Events (Control of Alcohol Etc.) Act 1985);
43. Being drunk on public vehicles on journey to or from designated sporting event (section 1(4) of the Sporting Events (Control of Alcohol Etc.) Act 1985);
44. Allowing alcohol to be carried in vehicles on journey to or from designated sporting event (section 1A(2) of the Sporting Events (Control of Alcohol Etc.) Act 1985);
45. Trying to enter designated sports ground while drunk (section 2(2) of the Sporting Events (Control of Alcohol Etc.) Act 1985);
46. Unauthorised sale or disposal of tickets for a designated football match (section 166(1) of the Criminal Justice and Public Order Act 1994);
47. An individual subject to a banning order failing to comply with the requirements determined by the enforcing authority and made of him by a police officer on the individual's initial reporting at the police station (section 19(6) of the Football Spectators Act 1989);
48. A person subject to a banning order knowingly or recklessly providing false or misleading information in support of his application for an exemption from a reporting requirement of his banning order (section 20(10) of the Football Spectators Act 1989);
50. Loitering or soliciting for purposes of prostitution (section 1 of the Street Offences Act 1959);
52. Taking or riding a pedal cycle without owner's consent (section 12(5) of the Theft Act 1968);
53. Begging (section 3 of the Vagrancy Act 1824); and
54. Persistent begging (section 4 of the Vagrancy Act 1824).
For more information on a specific offence, check out the law mentioned in brackets in the UK Statute Law Database (very good search facility and the laws integrate some revisions from later amendments - unfortunately not fully up-to-date for many laws) or the Office of Public Sector Information (the original legislation as it was enacted).