SCHEDULES
SCHEDULE 4Section 45: supplementary
Part 2Use for an excepted purpose
Purposes of general application
I1I25
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
5
Sub-paragraph (1)(g) shall not be taken to confer any power to make orders or give directions.