Part V E+W Questioning and Treatment of Persons by Police

Modifications etc. (not altering text)

C1 Pt. V incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52

Prospective

[F1 64ZE Destruction of data relating to persons under 18 not convicted: recordable offences other than qualifying offences E+W

(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,

(b) is arrested for or charged with a recordable offence other than a qualifying offence, and

(c) is aged under 18 at the time of the alleged offence.

(2) Material falls within this subsection if it is—

(a) fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or

(b) a DNA profile derived from a DNA sample so taken.

(3) The material must be destroyed—

(a) in the case of fingerprints or impressions of footwear, before the end of the period of 3 years beginning with the date on which the fingerprints or impressions were taken,

(b) in the case of a DNA profile, before the end of the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

(4) But if, before the material is required to be destroyed by virtue of this section, the person is arrested for or charged with a recordable offence—

(a) where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,

(b) where—

(i) the alleged offence is not a qualifying offence, and

(ii) the person is aged under 18 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

(c) where—

(i) the alleged offence is a qualifying offence, and

(ii) the person is aged under 16 at the time of the alleged offence,

the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge,

(d) where—

(i) the alleged offence is a qualifying offence, and

(ii) the person is aged 16 or 17 at the time of the alleged offence,

the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge,

(e) where—

(i) the person is convicted of the offence,

(ii) the offence is not a qualifying offence,

(iii) the person is aged under 18 at the time of the offence, and

(iv) the person has no previous convictions,

the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge.

(5) This section ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this section, the person—

(a) is convicted of a recordable offence and is aged 18 or over at the time of the offence,

(b) is convicted of a qualifying offence, or

(c) having a previous exempt conviction, is convicted of a recordable offence.]

Textual Amendments

F1 Ss. 64ZA-64ZN inserted (prosp.) by Crime and Security Act 2010 (c. 17), ss. 14(2), 59