Question: What happens if an accused in Canada misses their fingerprinting appointment?
Answer: Failing to attend a scheduled fingerprinting appointment can lead to serious consequences, such as charges of disobedience and the issuance of an arrest warrant. Comply with all court orders to avoid further legal complications. If facing such issues, consult legal professionals with experience in criminal law to safeguard your rights. Visit DefendCharges.Lawyer for guidance and a free ½ hour consultation.
If an accused person is charged with a criminal offence and does not show up for their fingerprinting appointment, what will be the consequences?
If someone who has been accused of a crime does not show up for their scheduled fingerprinting, they may face a charge of disobedience and a warrant for their arrest may be issued.
Understanding Identification and Fingerprinting Requirements Pursuant to the Identification of Criminals Act
The Identification of Criminals Act,RSC 1985, c I-1 is the federal legislation that governs the fingerprinting process. This process is used to identify individuals who are suspected of committing a crime and to help law enforcement agencies keep track of criminals. The Act requires that all persons who are arrested for a criminal offence must be fingerprinted and the prints must be sent to the Royal Canadian Mounted Police (RCMP).
The fingerprints are taken using an inkless fingerprinting process, which is a non-intrusive and non-invasive method of obtaining fingerprints. The prints are then scanned into a computer system and compared to prints already on file with the RCMP. If a match is found, the individual is identified as the suspect and further investigation is conducted. Fingerprints are also used to verify a person’s identity when they are applying for certain documents such as a passport or driver’s license.
Fingerprints are also used to identify missing persons. The RCMP maintains a database of fingerprints that can be used to identify individuals who have been reported missing. This database is used to compare prints taken from crime scenes to prints taken from the missing person’s family. If a match is found, the individual is identified as the missing person.
The Act also requires that all criminal records be kept on file with the RCMP. This includes all fingerprints taken for criminal investigations. The RCMP is responsible for keeping these records and for making them available to law enforcement agencies when needed. The RCMP also keeps a database of criminal records that can be accessed by police officers when conducting investigations.
Failure to Comply
The potential consequences for an accused person for failing to attend for fingerprinting in Canada can be severe. Depending on the circumstances, a person may face criminal charges for failing to comply with a court order to attend for fingerprinting. This could result in a criminal record, fines, and even jail time. Furthermore, if the accused person is a foreign national, they may be subject to deportation. In some cases, the accused person may also be subject to a warrant for their arrest. As such, it is important for accused persons to take their court orders seriously and to comply with them in a timely manner.
The Law
Fingerprints and photographs
2(1) The following persons may be fingerprinted or photographed or subjected to such other measurements, processes and operations having the object of identifying persons as are approved by order of the Governor in Council:
(a) any person who is in lawful custody charged with or convicted of
(i) an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or
(ii) an offence under the Security of Information Act;
(iii) [Repealed, 2022, c. 17, s. 62];
(b) any person who has been apprehended under the Extradition Act;;
(c) any person who is required under subsection 485.2(1), 500(3), 501(4) or 509(5) or section 515.01 of the Criminal Code to appear for the purposes of this Act by an appearance notice, undertaking, summons or order because they are alleged to have committed an indictable offence — or an offence punishable on summary conviction if it is an offence that could also have been prosecuted by indictment — other than an offence that is; or
(ii) an offence that is designated as a contravention under the Contraventions Act in respect of which the Attorney General, within the meaning of that Act, has made an election under section 50 of that Act, or
(iii) an offence in respect of which proceedings were commenced by a peace officer under section 51 of the Cannabis Act; or
(d) any person who is in lawful custody pursuant to section 83.3 of the Criminal Code.
Summary Comment
Fingerprinting is an important tool used by law enforcement agencies to identify criminals and to help keep track of criminal activity. The Identification of Criminals Act sets out the requirements for the fingerprinting process and the keeping of criminal records. This helps to ensure that criminals are identified and that law enforcement agencies have the necessary information to conduct investigations.
