so.

if this cop had done what he was supposed to do, and get a warrant, because it's a hybrid offence, then i would have almost certainly not have been arrested, but rather asked to appear before a justice - where i would have been given a charge sheet, and probably an information, which would have been a summary offence, and not required fingerprinting.

it follows that, because i was arrested illegally, that is without a warrant, i should not have been fingerprinted, and have grounds to file under s.8. but, it does rely upon the s. 7 part.

and, i would expect that the destruction would be ordered immediately, should that be determined to be the case, as they should not have been taken in the first place.

otherwise, i'm going to have to file a request, and as mentioned, it could take months.

but, what this means is that i'm better off going to trial, if it can be come to quickly - otherwise i'll be waiting for months. if they drop the charges tomorrow, i won't get clearance until at least the summer; if i go to trial, and get an immediate destruction, i could perhaps get clearance in the spring.