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Protection of Freedoms Act 2012
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Changes to legislation:
Protection of Freedoms Act 2012, Section 10 is up to date with all changes known to be in force on or before 24 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 10:
- specified provision(s) amendment to earlier commencing SI 2012/2234 art. 13 by S.I. 2014/831 art. 2(2)
- specified provision(s) transitional provisions and savings for commencing S.I. 2013/1814 by S.I. 2013/1813 art. 2-9
10Material given voluntarilyE+W
This section has no associated Explanatory Notes
After section 63M of the Police and Criminal Evidence Act 1984 (for which see section 9) insert—
“63NRetention of section 63D material given voluntarily
(1)This section applies to the following section 63D material—
(a)fingerprints taken with the consent of the person from whom they were taken, and
(b)a DNA profile derived from a DNA sample taken with the consent of the person from whom the sample was taken.
(2)Material to which this section applies may be retained until it has fulfilled the purpose for which it was taken or derived.
(3)Material to which this section applies which relates to—
(a)a person who is convicted of a recordable offence, or
(b)a person who has previously been convicted of a recordable offence (other than a person who has only one exempt conviction),
may be retained indefinitely.
(4)For the purposes of subsection (3)(b), a conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the person is aged under 18.”
Commencement Information
I1S. 10 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)
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