- Latest available (Revised)
- Point in Time (04/07/1996)
- Original (As enacted)
Point in time view as at 04/07/1996. This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
Police and Criminal Evidence Act 1984, Section 64ZC is up to date with all changes known to be in force on or before 07 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Prospective
(1)This section applies to material falling within subsection (2) relating to a person who—
(a)has no previous convictions or only one exempt conviction, and
(b)is subject to a control order.
(2)Material falls within this subsection if it is—
(a)fingerprints taken from the person, or
(b)a DNA profile derived from a DNA sample taken from the person.
(3)The material must be destroyed before the end of the period of 2 years beginning with the date on which the person ceases to be subject to a control order.
(4)This section ceases to have effect in relation to the material if the person is convicted—
(a)in England and Wales or Northern Ireland of a recordable offence, or
(b)in Scotland of an offence which is punishable by imprisonment,
before the material is required to be destroyed by virtue of this section.
(5)For the purposes of subsection (1)—
(a)a person has no previous convictions if the person has not previously been convicted—
(i)in England and Wales or Northern Ireland of a recordable offence, or
(ii)in Scotland of an offence which is punishable by imprisonment, and
(b)if the person has been previously convicted of a recordable offence in England and Wales or Northern Ireland, the 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.
(6)For the purposes of that subsection—
(a)a person is to be treated as having been convicted of an offence if—
(i)he has been given a caution in England and Wales or Northern Ireland in respect of the offence which, at the time of the caution, he has admitted, [F2 and ]
F3(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)if a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction.
(7)In this section—
(a)“recordable offence” has, in relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989, and
(b)“qualifying offence” has, in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of that Order.]
Textual Amendments
F1Ss. 64ZA-64ZN inserted (prosp.) by Crime and Security Act 2010 (c. 17), ss. 14(2), 59
F2Word in s. 64ZC(6)(a)(i) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 9(a) (with s. 135(4)); S.I. 2013/453, art. 4(f)
F3S. 64ZC(6)(a)(ii) omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 9(b) (with s. 135(4)); S.I. 2013/453, art. 4(f)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: