PART VIQUESTIONING AND TREATMENT OF PERSONS BY POLICE

F1Articles 64ZB to 64ZH: supplementary provision64ZI

1

Any reference in Article 64ZB or Articles 64ZD to 64ZH to a person being charged with an offence includes a reference to a person being informed that he will be reported for an offence.

2

For the purposes of those Articles—

a

a person has no previous convictions if the person has not previously been convicted of a recordable offence, and

b

if the person has been previously convicted of a recordable offence, 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.

3

For the purposes of those Articles, a person is to be treated as having been convicted of an offence if he has been given a caution in respect of the offence which, at the time of the caution, he has admitted.

4

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 for the purpose of any provision of those Articles relating to an exempt, first or subsequent conviction.

5

Subject to the completion of any speculative search that the Chief Constable considers necessary or desirable, material falling within any of Articles 64ZD to 64ZH must be destroyed immediately if it appears to the Chief Constable that—

a

the arrest was unlawful,

b

the taking of the fingerprints, impressions of footwear or DNA sample concerned was unlawful,

c

the arrest was based on mistaken identity, or

d

other circumstances relating to the arrest or the alleged offence mean that it is appropriate to destroy the material.