Search Legislation

Counter-Terrorism and Border Security Act 2019

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Cross Heading: Police and Criminal Evidence Act 1984

 Help about opening options

Alternative versions:

Status:

Point in time view as at 13/08/2020.

Changes to legislation:

There are currently no known outstanding effects for the Counter-Terrorism and Border Security Act 2019, Cross Heading: Police and Criminal Evidence Act 1984. Help about Changes to Legislation

Police and Criminal Evidence Act 1984U.K.

1U.K.The Police and Criminal Evidence Act 1984 is amended as follows.

Commencement Information

I1Sch. 2 para. 1 in force at 13.8.2020 by S.I. 2020/792, reg. 2(e)

2(1)Section 63F (retention of section 63D material: persons arrested for or charged with a qualifying offence) is amended as follows.U.K.

(2)In subsection (3), for “or (5)” substitute “ , (5) or (5A) ”.

(3)In subsection (5)(a), after “qualifying offence” insert “ , other than a terrorism-related qualifying offence, ”.

(4)After subsection (5) insert—

(5A)Material falls within this subsection if—

(a)it relates to a person who is arrested for a terrorism-related qualifying offence but is not charged with that offence, and

(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.

(5)In subsection (11), after the definition of “a specified chief officer of police” insert—

terrorism-related qualifying offence” means—

(a)an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (see section 65A(2)(r) below), or

(b)an ancillary offence, as defined by section 65A(5) below, relating to an offence for the time being listed in section 41(1) of that Act.

Commencement Information

I2Sch. 2 para. 2 in force at 13.8.2020 by S.I. 2020/792, reg. 2(e)

3(1)Section 63M (retention of section 63D material for purposes of national security) is amended as follows.U.K.

(2)In subsection (1), for “the responsible” substitute “ a ”.

(3)In subsection (2), for “the responsible” substitute “ a ”.

(4)In subsection (3)(b), for “2 years” substitute “ 5 years ”.

Commencement Information

I3Sch. 2 para. 3 in force at 13.8.2020 by S.I. 2020/792, reg. 2(e)

4U.K.After section 63P insert—

63PARetention of further sets of fingerprints

(1)This section applies where section 63D material is or includes a person's fingerprints (“the original fingerprints”).

(2)A constable may make a determination under this section in respect of any further fingerprints taken from the same person (“the further fingerprints”) if any of conditions 1 to 3 are met.

(3)Condition 1 is met if—

(a)the further fingerprints are section 63D material, and

(b)the further fingerprints or the original fingerprints were taken in connection with a terrorist investigation.

(4)Condition 2 is met if the further fingerprints were taken from the person in England or Wales under—

(a)paragraph 10 of Schedule 8 to the Terrorism Act 2000,

(b)paragraph 1 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or

(c)paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

(5)Condition 3 is met if the further fingerprints—

(a)are material to which section 18 of the Counter-Terrorism Act 2008 applies, and

(b)are held under the law of England and Wales.

(6)Where a determination under this section is made in respect of the further fingerprints—

(a)the further fingerprints may be retained for as long as the original fingerprints are retained under a power conferred by sections 63E to 63O (including those sections as applied by section 63P), and

(b)a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).

(7)Subsection (6)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.

(8)A written record must be made of a determination under this section.

Commencement Information

I4Sch. 2 para. 4 in force at 13.8.2020 by S.I. 2020/792, reg. 2(e)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?