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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)If—
(a)fingerprints or samples are taken from a person in connection with the investigation of an offence ; and
(b)he is cleared of that offence,
they must be destroyed as soon as is practicable after the conclusion of the proceedings.
(2)If—
(a)fingerprints or samples are taken from a person in connection with such an investigation; and
(b)it is decided that he shall not be prosecuted for the offence and he has not admitted it and been dealt with by way of being cautioned by a constable,
they must be destroyed as soon as is practicable after that decision is taken.
(3)If—
(a)fingerprints or samples are taken from a person in connection with the investigation of an offence ; and
(b)that person is not suspected of having committed the offence,
they must be destroyed as soon as they have fulfilled the purpose for which they were taken.
(4)Proceedings which are discontinued are to be treated as concluded for the purposes of this section.
(5)If fingerprints are destroyed, any copies of them shall also be destroyed.
(6)A person who asks to be allowed to witness the destruction of his fingerprints or copies of them shall have a right to witness it.
(7)Nothing in this section—
(a)affects any power conferred by paragraph 18(2) of Schedule 2 to the [1971 c. 77.] Immigration Act 1971; or
(b)applies to a person arrested or detained under the terrorism provisions.
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