PART 11Policing etc

Personal samples and DNA profiles

I1144Power to take further fingerprints or non-intimate samples

1

In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting)—

a

in subsections (5A) and (5B), for the words after “investigation” in paragraph (b) there is substituted

but

i

subsection (3A)(a) or (b) above applies, or

ii

subsection (5C) below applies.

b

after subsection (5B) there is inserted—

5C

This subsection applies where—

a

the investigation was discontinued but subsequently resumed, and

b

before the resumption of the investigation the fingerprints were destroyed pursuant to section 63D(3) below.

2

In section 63 of that Act (non-intimate samples)—

a

at the end of subsection (3ZA)(b) there is inserted “, or

iii

subsection (3AA) below applies.

b

in subsection (3A)(b), for “insufficient; or” there is substituted

insufficient, or

iii

subsection (3AA) below applies; or

c

after subsection (3A) there is inserted—

3AA

This subsection applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation—

a

any DNA profile derived from the sample was destroyed pursuant to section 63D(3) below, and

b

the sample itself was destroyed pursuant to section 63R(4), (5) or (12) below.