(1)A police officer not below the rank of inspector may cause photographs to be taken of any person in lawful custody for any offence punishable by imprisonment without the option of a fine, whether accused or convicted.

(2)If the person referred to in subsection (1), when required to do so, refuses to allow those photographs to be taken to the satisfaction of that officer, he or she commits an offence and is liable, on conviction, to a fine not exceeding two currency points or to imprisonment for a term of one month; and, after conviction, reasonable force may be used to enable those photographs to be taken.

(3)On the acquittal of any person who has not previously been convicted of an offence as described in subsection (1) and whose photographs have been taken under the provisions of this section, those photographs, both negatives and copies, shall be destroyed.