6(1)This paragraph applies to—
(a)fingerprints taken under paragraph 1,
(b)a DNA profile derived from a DNA sample taken under that paragraph,
(c)relevant physical data taken or provided under paragraph 4,
(d)a DNA profile derived from a DNA sample taken under that paragraph.
(2)Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 6 material”) must be destroyed if it appears to the responsible chief officer of police that the taking or providing of the material or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful.
(3)In any other case, paragraph 6 material must be destroyed unless it is retained under a power conferred by paragraph 8, 9, or 11.
(4)Paragraph 6 material that ceases to be retained under a power mentioned in sub-paragraph (3) may continue to be retained under any other such power that applies to it.
(5)Nothing in this paragraph prevents a relevant search from being carried out, in relation to paragraph 6 material, within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.
Commencement Information
I1Sch. 12 para. 6 not in force at Royal Assent, see 100(1)
I2Sch. 12 para. 6 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(b)