8(1)This paragraph applies to paragraph 6 material taken from, or provided by, an individual who has no previous convictions or (in the case of England and Wales or Northern Ireland) only one exempt conviction.
(2)The material may be retained until the end of the period of 6 months beginning with the date on which the Part 2 notice that was in force when the material was taken ceases to be in force (subject to sub-paragraphs (3) and (4)).
(3)If, before the end of that period, the Part 2 notice is quashed by the court under this Part, the material may be retained only until there is no possibility of an appeal against—
(a)the decision to quash the notice, or
(b)any decision made on an appeal against that decision.
(4)If, after a Part 2 notice is quashed or otherwise ceases to be in force, measures are imposed on the individual (whether by the revival of a Part 2 notice or the imposition of a new Part 2 notice)—
(a)within the period for which material in relation to the individual is retained by virtue of sub-paragraph (2), or
(b)within, or immediately after the end of, the period for which such material is retained by virtue of sub-paragraph (3),
sub-paragraphs (2) and (3) apply again for the purposes of the retention of that material (taking references to the Part 2 notice as references to the revived or new Part 2 notice).
(5)In determining whether there is no further possibility of an appeal against a decision of the kind mentioned in sub-paragraph (3), any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.
Commencement Information
I1Sch. 12 para. 8 not in force at Royal Assent, see 100(1)
I2Sch. 12 para. 8 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(b)