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Crime and Security Act 2010

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This is the original version (as it was originally enacted).

19Material subject to the International Criminal Court Act 2001

This section has no associated Explanatory Notes

In the International Criminal Court Act 2001, in Schedule 4 (taking of fingerprints or non-intimate samples), for paragraph 8 there is substituted—

“8(1)This paragraph applies to the following material—

(a)fingerprints and samples taken under this Schedule, and

(b)DNA profiles derived from such samples.

(2)The material must be destroyed—

(a)before the end of the period of 6 months beginning with the date on which the material was transmitted to the ICC (see paragraph 6(2)), or

(b)if later, as soon as it has fulfilled the purpose for which it was taken or derived.

(3)If fingerprints are required to be destroyed by virtue of sub-paragraph (2), any copies of the fingerprints must also be destroyed.

(4)If a DNA profile is required to be destroyed by virtue of sub-paragraph (2), no copy may be kept except in a form which does not include information from which the person to whom the DNA profile relates can be identified.

(5)Sub-paragraph (6) applies if a person makes a request to the responsible chief officer of police to be notified when any of the following material is destroyed under this paragraph—

(a)fingerprints or a sample taken in England and Wales, or

(b)a DNA profile derived from such a sample.

(6)The responsible chief officer of police or a person authorised by the chief officer or on the chief officer’s behalf must within 3 months of the request issue the person with a certificate recording the destruction.

(7)For the purposes of this paragraph “responsible chief officer of police” means the chief officer of police for the police area—

(a)in which the fingerprints were or sample was taken, or

(b)in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken.

(8)Sub-paragraph (9) applies if a person makes a request to the Chief Constable of the Police Service of Northern Ireland to be notified when any of the following material is destroyed under this paragraph—

(a)fingerprints or a sample taken in Northern Ireland, or

(b)a DNA profile derived from such a sample.

(9)The Chief Constable or a person authorised by the Chief Constable or on the Chief Constable’s behalf must within 3 months of the request issue the person with a certificate recording the destruction.

(10)In this paragraph—

  • “DNA profile” means any information derived from a DNA sample;

  • “DNA sample” means any material that has come from a human body and consists of or includes human cells.”

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