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(1)Section 18 material which is not a DNA sample may be retained for as long as a national security determination made by the responsible officer [F2, or by a chief officer of police,] has effect in relation to it.
(2)A national security determination is made if the responsible officer [F3, or a chief officer of police,] determines that it is necessary for any such section 18 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 [F45 years] beginning with the date on which the determination is made, and
(c)may be renewed.
[F5(4)In this section “chief officer of police” means a person other than the responsible officer who is—
(a)the chief officer of police of a police force in England and Wales, or
(b)the Chief Constable of the Police Service of Northern Ireland.]]
Textual Amendments
F1Ss. 18-18E substituted for s. 18 (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 4 (with s. 97); S.I. 2013/1814, art. 2(k)
F2Words in s. 18B(1) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 13(2); S.I. 2020/792, reg. 2(e)
F3Words in s. 18B(2) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 13(3); S.I. 2020/792, reg. 2(e)
F4Words in s. 18B(3)(b) substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 13(4) (with s. 25(7)(8)); S.I. 2020/792, reg. 2(e)
F5S. 18B(4) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 13(5); S.I. 2020/792, reg. 2(e)