2(1)Section 63F (retention of section 63D material: persons arrested for or charged with a qualifying offence) is amended as follows.
(2)In subsection (3), for “or (5)” substitute “, (5) or (5A)”.
(3)In subsection (5)(a), after “qualifying offence” insert “, other than a terrorism-related qualifying offence,”.
(4)After subsection (5) insert—
“(5A)Material falls within this subsection if—
(a)it relates to a person who is arrested for a terrorism-related qualifying offence but is not charged with that offence, and
(b)it was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.”
(5)In subsection (11), after the definition of “a specified chief officer of police” insert—
““terrorism-related qualifying offence” means—
an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (see section 65A(2)(r) below), or
an ancillary offence, as defined by section 65A(5) below, relating to an offence for the time being listed in section 41(1) of that Act.”