Search Legislation

Criminal Justice (Scotland) Act 2003

Changes to legislation:

There are currently no known outstanding effects for the Criminal Justice (Scotland) Act 2003, Section 56. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

56Retaining sample or relevant physical data where given voluntarilyS

This section has no associated Explanatory Notes

(1)This section applies only to a person other than is mentioned in subsection (1) of section 18 of the 1995 Act (application of that section) and does not apply where a sample is, or relevant physical data are, taken from [F1or provided by] a person—

(a)by virtue of any power of search;

(b)by virtue of any power to take possession of evidence where there is imminent danger of its being lost or destroyed; or

(c)under the authority of a warrant.

(2)In the circumstances mentioned in subsection (3), a sample or relevant physical data taken from and with the consent of the person (or provided by and with the consent of the person) in connection with the investigation of an offence [F2, or information derived from that sample may be held and used—

(a)for the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, F3...

(b)for the identification of a deceased person or a person from whom the sample or relevant physical data came.]

[F4(c)in the interests of national security, or

(d)for the purposes of a terrorist investigation]

(3)The circumstances are that the person consents in writing to the sample, data or information [F5derived from a sample] being so held and used; but in giving such consent the person may elect to confine it to consent to holding and using in connection with the investigation and prosecution of the offence in connection with which the sample was, or data were, taken or provided.

(4)The person may at any time withdraw such written consent by—

(a)giving notice in writing of such withdrawal to the chief constable of the [F6Police Service of Scotland;] or

(b)attending at any police station F7... and giving such notice to—

(i)any constable F8...; or

(ii)any person authorised to receive it by the officer in charge of the station,

and the chief constable, constable or as the case may be person so authorised shall, on receipt of that notice, provide the person withdrawing consent with a written acknowledgment of receipt.

(5)The withdrawal takes effect when notice given under subsection (4) is received by the person to whom it falls to provide an acknowledgment under that subsection; and subject to subsection (6)—

(a)the sample, with all information derived from it, is;

(b)the data, F9..., are,

to be destroyed as soon as possible after such receipt.

(6)Subsections (4) and (5) are without prejudice to—

(a)the use of the sample, data or information derived from [F10the sample] in evidence—

(i)unless an election was made under subsection (3), in any prosecution; and

(ii)if such an election was so made, in the prosecution of the offence in connection with which the sample was, or data were, taken or provided,

where and in so far as that evidence relates to, or to circumstances connected with or arising out of, a check such as is mentioned in subsection (7);

(b)the admissibility of any evidence as to—

(i)the taking or provision of the sample or data; or

(ii)the giving or withdrawal of consent.

(7)The check is one which—

(a)was against any other sample or relevant physical data, or against any information derived from any other sample F11...; and

(b)took place before the withdrawal took effect.

[F12(7A)In subsection (2)—

(a)the reference to crime includes a reference to—

(i)conduct which constitutes a criminal offence or two or more criminal offences (whether under the law of a part of the United Kingdom or a country or territory outside the United Kingdom), or

(ii)conduct which is, or corresponds to, conduct which, if it all took place in any one part of the United Kingdom would constitute a criminal offence or two or more criminal offences,

(b)the reference to an investigation includes a reference to an investigation outside the United Kingdom of a crime or suspected crime, and

(c)the reference to a prosecution includes a reference to a prosecution brought in respect of a crime in a country or territory outside the United Kingdom.]

(8)In this section—

  • sample”means a sample such as is mentioned in section 18(6) or (6A) of the 1995 Act, being one taken as so mentioned; F13...

  • relevant physical data”has the same meaning as it has for the purposes of section 18 of that Act [F14; and

  • “terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000.]

Textual Amendments

F6Words in s. 56(4)(a) substituted (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 21(2)(a); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

F7Words in s. 56(4)(b) repealed (1.4.2013) by Police and Fire Reform (Scotland) Act 2012 (asp 8), s. 129(2), sch. 7 para. 21(2)(b)(i); S.S.I. 2013/51, art. 2 (with transitional provisions and savings in S.S.I. 2013/121)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources