Part 1Regulation of biometric data
CHAPTER 1Destruction, retention and use of fingerprints etc.
Modification of rule for particular circumstances
I14Persons arrested for or charged with a minor offence
After section 63G of the Police and Criminal Evidence Act 1984 (for which see section 3) insert—
63HRetention of section 63D material: persons arrested for or charged with a minor offence
1
This section applies to section 63D material which—
a
relates to a person who—
i
is arrested for or charged with a recordable offence other than a qualifying offence,
ii
if arrested for or charged with more than one offence arising out of a single course of action, is not also arrested for or charged with a qualifying offence, and
iii
is not convicted of the offence or offences in respect of which the person is arrested or charged, and
b
was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence or offences in respect of which the person is arrested or charged.
2
If the person has previously been convicted of a recordable offence which is not an excluded offence, the material may be retained indefinitely.
3
In this section “excluded offence” has the meaning given by section 63F (11).