National Security Act 2023

Fingerprints and relevant physical data: further provision U.K.

23 (1) This paragraph applies where paragraph 19 material is or includes a person’s fingerprints (“the original fingerprints”).

(2) A constable may make a determination under this paragraph in respect of any further fingerprints taken from, or provided by, the same person (“the further fingerprints”) if conditions 1 and 2 are met.

(3) Condition 1 is met if the further fingerprints—

(a) are paragraph 19 material,

(b) are taken or provided under or by virtue of—

(i) paragraph 1 or 4 of Schedule 12,

(ii) Part 5 of the Police and Criminal Evidence Act 1984,

(iii) Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(iv) any provision, power or authority mentioned in section 18G(1) of the Criminal Procedure (Scotland) Act 1995,

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

(vi) paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or

(vii) paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019, or

(c) are material to which section 18 of the Counter-Terrorism Act 2008 applies.

(4) Condition 2 is met if—

(a) in a case where the further fingerprints are material to which section 18 of the Counter-Terrorism Act 2008 applies, the original fingerprints and the further fingerprints are held under the law of the same part of the United Kingdom;

(b) in any other case, the original fingerprints and the further fingerprints were taken from or provided by the person in the same part of the United Kingdom.

(5) Where a determination under this paragraph 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 any power conferred by paragraph 20 or 22, 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).

(6) Sub-paragraph (5)(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.

(7) Any determination under this paragraph must be recorded in writing.

Commencement Information

I1 Sch. 6 para. 23 not in force at Royal Assent, see 100(1)

I2 Sch. 6 para. 23 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)