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

5 Persons convicted of a recordable offence E+W

After section 63H of the Police and Criminal Evidence Act 1984 (for which see section 4) insert—

“63I Retention of material: persons convicted of a recordable offence

(1) This section applies, subject to subsection (3), to—

(a) section 63D material which—

(i) relates to a person who is convicted of a recordable offence, and

(ii) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence, or

(b) material taken under section 61(6) or 63(3B) which relates to a person who is convicted of a recordable offence.

(2) The material may be retained indefinitely.

(3) This section does not apply to section 63D material to which section 63K applies.”

Commencement Information

I1 S. 5 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)