SCHEDULES

SCHEDULE 4Section 45: supplementary

Part 2Use for an excepted purpose

Purposes of general application

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1

Use of the results of an analysis of DNA for any of the following purposes is use for an excepted purpose—

a

the medical diagnosis or treatment of the person whose body manufactured the DNA;

b

purposes of functions of a coroner;

c

purposes of functions of a procurator fiscal in connection with the investigation of deaths;

d

the prevention or detection of crime;

e

the conduct of a prosecution;

f

purposes of national security;

g

implementing an order or direction of a court or tribunal, including one outside the United Kingdom.

2

For the purposes of sub-paragraph (1)(d), detecting crime shall be taken to include—

a

establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed, and

b

the apprehension of the person by whom any crime was committed;

and the reference in sub-paragraph (1)(d) to the detection of crime includes any detection outside the United Kingdom of any crime or suspected crime.

3

In sub-paragraph (1)(e), the reference to a prosecution includes a prosecution brought in respect of a crime in a country or territory outside the United Kingdom.

4

In this paragraph, a reference to a crime includes a reference to any conduct which—

a

constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or a country or territory outside the United Kingdom),

b

is, or corresponds to, conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, or

C1F1c

constitutes one or more F1service offences within the meaning of the Armed Forces Act 2006.

5

Sub-paragraph (1)(g) shall not be taken to confer any power to make orders or give directions.