Counter-Terrorism Act 2008 (c. 28)

Part 1 U.K. Powers to gather and share information

Yn ddilys o 13/08/2020

Retention and use of fingerprints and samples U.K.

Prospective

15 Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989 U.K.

(1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) is amended as follows.

(2) In Article 63A(1) (fingerprints and samples: what they may be checked against), for paragraphs (a) and (b), substitute—

“(a) other fingerprints, impressions of footwear or samples—

(i) to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or are held in connection with or as a result of an investigation of an offence, or

(ii) which are held by or on behalf of the Security Service or the Secret Intelligence Service;

(b) information derived from other samples—

(i) which is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a)(i) above, or

(ii) which is held by or on behalf of the Security Service or the Secret Intelligence Service.”.

(3) In Article 63A(1ZA) (fingerprints from a person whose identity is unclear: what they may be checked against), for “other fingerprints” to the end, substitute “other fingerprints—

(a) to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence, or

(b) which are held by or on behalf of the Security Service or the Secret Intelligence Service.”.

(4) In Article 64(1A) (purposes for which fingerprints or samples may be retained and used), for the words from “except for purposes” to the end substitute “ except as described in paragraph (1AB) ”.

(5) After paragraph (1AA) of that Article (inserted by section 12) insert—

“(1AB) The fingerprints, impressions of footwear or samples may be used—

(a) in the interests of national security,

(b) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

(c) for purposes related to the identification of a deceased person or of the person from whom the material came.”.

(6) In paragraph (1B) of that Article, after “(1AA)” (inserted by section 12) insert “ or (1AB) ”.