The Police and Criminal Evidence (Northern Ireland) Order 1989 No. 1341 (NI. 12)

PART VI N.I. QUESTIONING AND TREATMENT OF PERSONS BY POLICE

Prospective

[F1 Destruction of data relating to a person subject to a control order N.I.

64ZC— (1) This Article applies to material falling within paragraph (2) relating to a person who—

(a) has no previous convictions or only one exempt conviction, and

(b) is subject to a control order.

(2) Material falls within this paragraph if it is—

(a) fingerprints taken from the person, or

(b) a DNA profile derived from a DNA sample taken from the person.

(3) The material must be destroyed before the end of the period of 2 years beginning with the date on which the person ceases to be subject to a control order.

(4) This Article ceases to have effect in relation to the material if the person is convicted—

(a) in England and Wales or Northern Ireland of a recordable offence, or

(b) in Scotland of an offence which is punishable by imprisonment,

before the material is required to be destroyed by virtue of this Article.

(5) For the purposes of paragraph (1)—

(a) a person has no previous convictions if the person has not previously been convicted—

(i) in England and Wales or Northern Ireland of a recordable offence, or

(ii) in Scotland of an offence which is punishable by imprisonment, and

(b) if the person has been previously convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence other than a qualifying offence, committed when the person is aged under 18.

(6) For the purposes of that paragraph—

(a) a person is to be treated as having been convicted of an offence if—

(i) he has been given a caution in England and Wales or Northern Ireland in respect of the offence which, at the time of the caution, he has admitted, [F2 and]

F3 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction.

(7) In this Article—

(a) “recordable offence” has, in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, and

(b) “qualifying offence” has, in relation to a conviction in respect of a recordable offence committed in England and Wales, the meaning given by section 65A of that Act.]

F1 Arts. 64ZA-64ZN inserted (prosp.) by Crime and Security Act 2010 (c. 17), ss. 15(2), 59(1)

F2 Word in art. 64ZC(6)(a)(i) substituted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 12(a) (with s. 135(4)); S.I. 2013/453, art. 4(f) (but this amendment cannot take effect until the commencement of S.I. 1989/1341, art. 64ZC)

F3 Art. 64ZC(6)(a)(ii) omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 12(b) (with s. 135(4)); S.I. 2013/453, art. 4(f) (but this amendment cannot take effect until the commencement of S.I. 1989/1341, art. 64ZC)

Modifications etc. (not altering text)

C1 Art. 64ZC(3) modified (2.4.2020) by The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020 (S.I. 2020/391), regs. 1, 4(3)(b) (with reg. 5)

C2 Art. 64ZC(3) modified (1.10.2020) by The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No. 2) Regulations 2020 (S.I. 2020/973), regs. 1(1), 4(3)(b)(4)