C1 Part V Questioning and Treatment of Persons by Police
64ZCF1Destruction of data relating to a person subject to a control order
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
F3ii
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Pt. V incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52