Retention in advance of a requirement to destroy4
1
Paragraph (4) applies in respect of fingerprints or DNA profiles that satisfy the conditions in paragraphs (2) and (3).
2
The first condition is that the fingerprints or DNA profiles satisfy the national security retention condition (see regulation 5).
3
The second condition is that the fingerprints or DNA profiles must (ignoring the effect of these Regulations) be destroyed under any of the following provisions during the period of 6 months starting with the date on which these Regulations come into force—
a
section 18(3) of the Criminal Procedure (Scotland) Act 1995 (destruction of relevant physical data)6;
b
Article 64(3), 64ZB(2), 64ZC(3), 64ZD(3), 64ZE(3), 64ZF(3), 64ZG(3) or 64ZH(3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (destruction of fingerprints and samples)7.
4
The fingerprints or DNA profiles may be retained for a further period of 6 months starting with the date on which the requirement to destroy the fingerprints or DNA profiles would otherwise have arisen.