C1 Part V Questioning and Treatment of Persons by Police
C263NF1Retention 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.
F25
The reference to a recordable offence in subsection (3)(a) includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales.
6
The reference to a recordable offence in subsections (3)(b) and (4), and the reference to a qualifying offence in subsection (4), includes an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence or (as the case may be) a qualifying offence if done in England and Wales (whether or not it constituted such an offence when the person was convicted).
Pt. V incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52