C1 Part V Questioning and Treatment of Persons by Police

Annotations:
Modifications etc. (not altering text)

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.