Protection of Freedoms Act 2012 (c. 9)

Part 1 U.K. Regulation of biometric data

CHAPTER 1 U.K. Destruction, retention and use of fingerprints etc.

Modification of rule for particular circumstances E+W

4 Persons arrested for or charged with a minor offence E+W

After section 63G of the Police and Criminal Evidence Act 1984 (for which see section 3) insert—

“63H Retention 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).”

Commencement Information

I1 S. 4 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)