Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Email Facebook Twitter Google Linkedin Tumblr

PROTECTION OF FREEDOMS ACT 2012

UK Public General Acts

Version 03/04/2017

2012 CHAPTER 9

Default Geographical Extent: E+W+S+N.I.


  • Part 1. Regulation of biometric data
    • CHAPTER 1. Destruction, retention and use of fingerprints etc.
      • Destruction rule for fingerprints and DNA profiles subject to PACE (E+W)
      • Modification of rule for particular circumstances (E+W)
      • Destruction rules for samples and impressions of footwear subject to PACE (E+W)
      • Supplementary provision for material subject to PACE (E+W)
      • Amendments of regimes other than PACE
      • The Commissioner for the Retention and Use of Biometric Material
      • Other provisions
    • CHAPTER 2 (E+W). Protection of biometric information of children in schools etc.
  • Part 2. Regulation of surveillance
    • CHAPTER 1 (E+W). Regulation of CCTV and other surveillance camera technology
      • Code of practice (E+W)
      • Procedural requirements (E+W)
      • Enforcement and Commissioner (E+W)
      • Interpretation (E+W)
    • CHAPTER 2. Safeguards for certain surveillance under RIPA
  • Part 3. Protection of property from disproportionate enforcement action
    • CHAPTER 1. Powers of entry
      • Repealing, adding safeguards or rewriting powers of entry
      • Codes of practice in relation to powers of entry
    • CHAPTER 2 (E+W). Vehicles left on land
      • Offence of immobilising etc. vehicles (E+W)
      • Alternative remedies in relation to vehicles left on land (E+W)
  • Part 4. Counter-terrorism powers
    • Pre-charge detention of terrorist suspects
    • Stop and search powers: general
    • Stop and search powers: Northern Ireland (N.I.)
  • Part 5. Safeguarding vulnerable groups, criminal records etc.
    • CHAPTER 1 (E+W+N.I.). Safeguarding of vulnerable groups
      • Restrictions on scope of regulation: England and Wales (E+W)
      • Abolition of other areas of regulation: England and Wales (E+W)
      • Main amendments relating to new arrangements: England and Wales (E+W)
      • Other amendments relating to new arrangements: England and Wales (E+W)
      • Corresponding amendments relating to Northern Ireland (N.I.)
    • CHAPTER 2. Criminal records
      • Safeguards in relation to certificates (E+W)
      • Up-dating and content of certificates (E+W)
      • Other
    • CHAPTER 3. The Disclosure and Barring Service
      • General (E+W+N.I.)
      • Supplementary
    • CHAPTER 4 (E+W). Disregarding certain convictions for buggery etc.[F6 : England and Wales]
      • General (E+W)
      • Effect of disregard (E+W)
      • Appeals and other supplementary provision (E+W)
    • CHAPTER 5 (N.I.). Disregarding certain convictions for buggery etc: Northern Ireland
      • General (N.I.)
      • Effect of disregard (N.I.)
      • Appeals and other supplementary provision (N.I.)
  • Part 6. Freedom of information and data protection
    • Publication of certain datasets
    • Other amendments relating to freedom of information
    • The Information Commissioner
  • Part 7. Miscellaneous and general
    • Trafficking people for exploitation (E+W)
    • Stalking (E+W)
    • Miscellaneous repeals of enactments (E+W)
    • General
  • Version 03/04/2017
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 31/01/2017
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 30/10/2016
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 06/04/2016
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 31/07/2015
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 16/03/2015
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 16/12/2014
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 13/03/2014
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 31/01/2014
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 31/10/2013
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 07/10/2013
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/09/2013
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 31/07/2013
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 17/06/2013
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 06/04/2013
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/12/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 25/11/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/11/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 18/10/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 17/10/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 15/10/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/10/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 10/09/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 10/08/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 10/07/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/07/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 09/05/2012
  • Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140 Notice: Undefined variable: library in /var/www/vhosts/smartleges.com/juris/application/views/scripts/site/law-content.phtml on line 140
  • Version 01/05/2012

Introductory Text

Protection of Freedoms Act 2012

2012 CHAPTER 9

An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; and for connected purposes.

[1st May 2012]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1
Regulation of biometric data



CHAPTER 1
Destruction, retention and use of fingerprints etc.



Destruction rule for fingerprints and DNA profiles subject to PACE (E+W)


1 Destruction of fingerprints and DNA profiles (E+W)

After section 63C of the Police and Criminal Evidence Act 1984 insert—

“63D Destruction of fingerprints and DNA profiles
(1) This section applies to—
(a) fingerprints—
(i) taken from a person under any power conferred by this Part of this Act, or
(ii) taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police, and
(b) a DNA profile derived from a DNA sample taken as mentioned in paragraph (a) (i) or (ii).
(2) Fingerprints and DNA profiles to which this section applies (“section 63D material”) must be destroyed if it appears to the responsible chief officer of police that—
(a) the taking of the fingerprint or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful, or
(b) the fingerprint was taken, or, in the case of a DNA profile, was derived from a sample taken, from a person in connection with that person's arrest and the arrest was unlawful or based on mistaken identity.
(3) In any other case, section 63D material must be destroyed unless it is retained under any power conferred by sections 63E to 63O (including those sections as applied by section 63P).
(4) Section 63D material which ceases to be retained under a power mentioned in subsection (3) may continue to be retained under any other such power which applies to it.
(5) Nothing in this section prevents a speculative search, in relation to section 63D material, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.”
Annotations:

Commencement Information

I1 S. 1 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)


Modification of rule for particular circumstances (E+W)


2 Material retained pending investigation or proceedings (E+W)

After section 63D of the Police and Criminal Evidence Act 1984 (for which see section 1) insert—

“63E Retention of section 63D material pending investigation or proceedings
(1) This section applies to section 63D material taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence in which it is suspected that the person to whom the material relates has been involved.
(2) The material may be retained until the conclusion of the investigation of the offence or, where the investigation gives rise to proceedings against the person for the offence, until the conclusion of those proceedings.”
Annotations:

Commencement Information

I2 S. 2 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)


3 Persons arrested for or charged with a qualifying offence (E+W)

After section 63E of the Police and Criminal Evidence Act 1984 (for which see section 2) insert—

“63F Retention of section 63D material: persons arrested for or charged with a qualifying offence
(1) This section applies to section 63D material which—
(a) relates to a person who is arrested for, or charged with, a qualifying offence but is not convicted of that offence, and
(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
(2) If the person has previously been convicted of a recordable offence which is not an excluded offence, or is so convicted before the material is required to be destroyed by virtue of this section, the material may be retained indefinitely.
(3) Otherwise, material falling within subsection (4) or (5) may be retained until the end of the retention period specified in subsection (6).
(4) Material falls within this subsection if it—
(a) relates to a person who is charged with a qualifying offence but is not convicted of that offence, and
(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
(5) Material falls within this subsection if—
(a) it relates to a person who is arrested for a qualifying offence but is not charged with that offence,
(b) it was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence, and
(c) the Commissioner for the Retention and Use of Biometric Material has consented under section 63G to the retention of the material.
(6) The retention period is—
(a) in the case of fingerprints, the period of 3 years beginning with the date on which the fingerprints were taken, and
(b) in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).
(7) The responsible chief officer of police or a specified chief officer of police may apply to a District Judge (Magistrates' Courts) for an order extending the retention period.
(8) An application for an order under subsection (7) must be made within the period of 3 months ending on the last day of the retention period.
(9) An order under subsection (7) may extend the retention period by a period which—
(a) begins with the end of the retention period, and
(b) ends with the end of the period of 2 years beginning with the end of the retention period.
(10) The following persons may appeal to the Crown Court against an order under subsection (7) , or a refusal to make such an order—
(a) the responsible chief officer of police;
(b) a specified chief officer of police;
(c) the person from whom the material was taken.
(11) In this section— “ excluded offence ”, in relation to a person, means a recordable offence— (a) which— (i) is not a qualifying offence, (ii) is the only recordable offence of which the person has been convicted, and (iii) was committed when the person was aged under 18, and (b) for which the person was not given a relevant custodial sentence of 5 years or more, “ relevant custodial sentence ” has the meaning given by section 63K(6) , “ a specified chief officer of police ” means— (a) the chief officer of the police force of the area in which the person from whom the material was taken resides, or (b) a chief officer of police who believes that the person is in, or is intending to come to, the chief officer's police area.
63G Retention of section 63D material by virtue of section 63F(5) : consent of Commissioner
(1) The responsible chief officer of police may apply under subsection (2) or (3) to the Commissioner for the Retention and Use of Biometric Material for consent to the retention of section 63D material which falls within section 63F(5) (a) and (b).
(2) The responsible chief officer of police may make an application under this subsection if the responsible chief officer of police considers that the material was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence where any alleged victim of the offence was, at the time of the offence—
(a) under the age of 18,
(b) a vulnerable adult, or
(c) associated with the person to whom the material relates.
(3) The responsible chief officer of police may make an application under this subsection if the responsible chief officer of police considers that—
(a) the material is not material to which subsection (2) relates, but
(b) the retention of the material is necessary to assist in the prevention or detection of crime.
(4) The Commissioner may, on an application under this section, consent to the retention of material to which the application relates if the Commissioner considers that it is appropriate to retain the material.
(5) But where notice is given under subsection (6) in relation to the application, the Commissioner must, before deciding whether or not to give consent, consider any representations by the person to whom the material relates which are made within the period of 28 days beginning with the day on which the notice is given.
(6) The responsible chief officer of police must give to the person to whom the material relates notice of—
(a) an application under this section, and
(b) the right to make representations.
(7) A notice under subsection (6) may, in particular, be given to a person by—
(a) leaving it at the person's usual or last known address (whether residential or otherwise) ,
(b) sending it to the person by post at that address, or
(c) sending it to the person by email or other electronic means.
(8) The requirement in subsection (6) does not apply if the whereabouts of the person to whom the material relates is not known and cannot, after reasonable inquiry, be ascertained by the responsible chief officer of police.
(9) An application or notice under this section must be in writing.
(10) In this section— “ victim ” includes intended victim, “ vulnerable adult ” means a person aged 18 or over whose ability to protect himself or herself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise,
and the reference in subsection (2) (c) to a person being associated with another person is to be read in accordance with section 62(3) to (7) of the Family Law Act 1996.”
Annotations:

Commencement Information

I3 S. 3 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)


4 Persons arrested for or charged with a minor offence (E+W)

After section 63G of the Police and Criminal Evidence Act 1984 (for which see section 3) insert—

“63H Retention of section 63D material: persons arrested for or charged with a minor offence
(1) This section applies to section 63D material which—
(a) relates to a person who—
(i) is arrested for or charged with a recordable offence other than a qualifying offence,
(ii) if arrested for or charged with more than one offence arising out of a single course of action, is not also arrested for or charged with a qualifying offence, and
(iii) is not convicted of the offence or offences in respect of which the person is arrested or charged, and
(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence or offences in respect of which the person is arrested or charged.
(2) If the person has previously been convicted of a recordable offence which is not an excluded offence, the material may be retained indefinitely.
(3) In this section “ excluded offence ” has the meaning given by section 63F (11).”
Annotations:

Commencement Information

I4 S. 4 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)


5 Persons convicted of a recordable offence (E+W)

After section 63H of the Police and Criminal Evidence Act 1984 (for which see section 4) insert—

“63I Retention of material: persons convicted of a recordable offence
(1) This section applies, subject to subsection (3) , to—
(a) section 63D material which—
(i) relates to a person who is convicted of a recordable offence, and
(ii) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence, or
(b) material taken under section 61(6) or 63(3B) which relates to a person who is convicted of a recordable offence.
(2) The material may be retained indefinitely.
(3) This section does not apply to section 63D material to which section 63K applies.”
Annotations:

Commencement Information

I5 S. 5 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)


6 Persons convicted of an offence outside England and Wales (E+W)

After section 63I of the Police and Criminal Evidence Act 1984 (for which see section 5) insert—

“63J Retention of material: persons convicted of an offence outside England and Wales
(1) This section applies to material falling within subsection (2) relating to a person who is convicted of an offence under the law of any country or territory outside England and Wales.
(2) Material falls within this subsection if it is—
(a) fingerprints taken from the person under section 61(6D) (power to take fingerprints without consent in relation to offences outside England and Wales) , or
(b) a DNA profile derived from a DNA sample taken from the person under section 62(2A) or 63(3E) (powers to take intimate and non-intimate samples in relation to offences outside England and Wales).
(3) The material may be retained indefinitely.”
Annotations:

Commencement Information

I6 S. 6 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)


7 Persons under 18 convicted of first minor offence (E+W)

After section 63J of the Police and Criminal Evidence Act 1984 (for which see section 6) insert—

“63K Retention of section 63D material: exception for persons under 18 convicted of first minor offence
(1) This section applies to section 63D material which—
(a) relates to a person who—
(i) is convicted of a recordable offence other than a qualifying offence,
(ii) has not previously been convicted of a recordable offence, and
(iii) is aged under 18 at the time of the offence, and
(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
(2) Where the person is given a relevant custodial sentence of less than 5 years in respect of the offence, the material may be retained until the end of the period consisting of the term of the sentence plus 5 years.
(3) Where the person is given a relevant custodial sentence of 5 years or more in respect of the offence, the material may be retained indefinitely.
(4) Where the person is given a sentence other than a relevant custodial sentence in respect of the offence, the material may be retained until—
(a) in the case of fingerprints, the end of the period of 5 years beginning with the date on which the fingerprints were taken, and
(b) in the case of a DNA profile, the end of the period of 5 years beginning with—
(i) the date on which the DNA sample from which the profile was derived was taken, or
(ii) if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.
(5) But if, before the end of the period within which material may be retained by virtue of this section, the person is again convicted of a recordable offence, the material may be retained indefinitely.
(6) In this section, “ relevant custodial sentence ” means any of the following—
(a) a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000;
(b) a sentence of a period of detention and training (excluding any period of supervision) which a person is liable to serve under an order under section 211 of the Armed Forces Act 2006 or a secure training order.”
Annotations:

Commencement Information

I7 S. 7 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)


8 Persons given a penalty notice (E+W)

After section 63K of the Police and Criminal Evidence Act 1984 (for which see section 7) insert—

“63L Retention of section 63D material: persons given a penalty notice
(1) This section applies to section 63D material which—
(a) relates to a person who is given a penalty notice under section 2 of the Criminal Justice and Police Act 2001 and in respect of whom no proceedings are brought for the offence to which the notice relates, and
(b) was taken (or, in the case of a DNA profile, derived from a sample taken) from the person in connection with the investigation of the offence to which the notice relates.
(2) The material may be retained—
(a) in the case of fingerprints, for a period of 2 years beginning with the date on which the fingerprints were taken,
(b) in the case of a DNA profile, for a period of 2 years beginning with—
(i) the date on which the DNA sample from which the profile was derived was taken, or
(ii) if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.”
Annotations:

Commencement Information

I8 S. 8 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)


9 Material retained for purposes of national security (E+W)

After section 63L of the Police and Criminal Evidence Act 1984 (for which see section 8) insert—

“63M Retention of section 63D material for purposes of national security
(1) Section 63D material may be retained for as long as a national security determination made by the responsible chief officer of police has effect in relation to it.
(2) A national security determination is made if the responsible chief officer of police determines that it is necessary for any section 63D material to be retained for the purposes of national security.
(3) A national security determination—
(a) must be made in writing,
(b) has effect for a maximum of 2 years beginning with the date on which it is made, and
(c) may be renewed.”
Annotations:

Commencement Information

I9 S. 9 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)


10 Material given voluntarily (E+W)

After section 63M of the Police and Criminal Evidence Act 1984 (for which see section 9) insert—

“63N Retention of section 63D material given voluntarily
(1) This section applies to the following section 63D material—
(a) fingerprints taken with the consent of the person from whom they were taken, and
(b) a DNA profile derived from a DNA sample taken with the consent of the person from whom the sample was taken.
(2) Material to which this section applies may be retained until it has fulfilled the purpose for which it was taken or derived.
(3) Material to which this section applies which relates to—
(a) a person who is convicted of a recordable offence, or
(b) a person who has previously been convicted of a recordable offence (other than a person who has only one exempt conviction) ,
may be retained indefinitely.
(4) For the purposes of subsection (3) (b) , a conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the person is aged under 18.”
Annotations:

Commencement Information

I10 S. 10 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)