Criminal Procedure (Scotland) Act 1995

[F1 18G Retention of samples etc: national security S

(1) This section applies to—

(a) relevant physical data taken from or provided by a person under section 18(2) (including any taken or provided by virtue of paragraph 20 of Schedule 8 to the Terrorism Act 2000 [F2 or by virtue of paragraph 42 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019] [F3 or paragraph 18 of Schedule 6 to the National Security Act 2023]),

(b) any sample, or any information derived from a sample, taken from a person under section 18(6) or (6A) (including any taken by virtue of paragraph 20 of Schedule 8 to the Terrorism Act 2000 [F4 or by virtue of paragraph 42 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019] [F5 or paragraph 18 of Schedule 6 to the National Security Act 2023]),

(c) any relevant physical data, sample or information derived from a sample taken from, or provided by, a person under section 19AA(3),

(d) any relevant physical data, sample or information derived from a sample which is held by virtue of section 56 of the Criminal Justice (Scotland) Act 2003, and

(e) any relevant physical data, sample or information derived from a sample taken from a person—

(i) by virtue of any power of search,

(ii) by virtue of any power to take possession of evidence where there is immediate danger of its being lost or destroyed, or

(iii) under the authority of a warrant.

(2) The relevant physical data, sample or information derived from a sample may be retained for so long as a national security determination made by [F6 the chief constable of the Police Service of Scotland] has effect in relation to it.

(3) A national security determination is made if [F7 the chief constable of the Police Service of Scotland] determines that is necessary for the relevant physical data, sample or information derived from a sample to be retained for the purposes of national security.

(4) A national security determination—

(a) must be made in writing,

(b) has effect for a maximum of [F8 5 years] beginning with the date on which the determination is made, and

(c) may be renewed.

(5) Any relevant physical data, sample or information derived from a sample which is retained in pursuance of a national security determination must be destroyed as soon as possible after the determination ceases to have effect (except where its retention is permitted by any other enactment).

F9 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 S. 18G inserted (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 6(3) (with s. 97); S.I. 2013/1814, art. 2(k)

F2 Words in s. 18G(1)(a) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 22(2)(a); S.I. 2020/792, reg. 2(i)

F3 Words in s. 18G(1)(a) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 14

F4 Words in s. 18G(1)(b) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(d), Sch. 4 para. 22(2)(b); S.I. 2020/792, reg. 2(i)

F5 Words in s. 18G(1)(b) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 14

F6 Words in s. 18G(2) substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 7(2); S.I. 2020/792, reg. 2(e)

F7 Words in s. 18G(3) substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 7(3); S.I. 2020/792, reg. 2(e)

F8 Words in s. 18G(4)(b) substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 7(4) (with s. 25(7)(8)); S.I. 2020/792, reg. 2(e)

F9 S. 18G(6) omitted (13.8.2020) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 7(5); S.I. 2020/792, reg. 2(e)