Terrorism Prevention and Investigation Measures Act 2011

Retention of paragraph 6 material U.K.

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. U.K.

(2) The material may be retained until the end of the period of 6 months beginning with the date on which the TPIM 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 TPIM notice is quashed by the court under this Act, 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 TPIM notice is quashed or otherwise ceases to be in force, measures are imposed on the individual (whether by the revival of a TPIM notice or the imposition of a new TPIM 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 TPIM notice as references to the revived or new TPIM 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.

Modifications etc. (not altering text)

C1 Sch. 6 para. 8(2) modified (2.4.2020) by The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) Regulations 2020 (S.I. 2020/391), regs. 1, 3(2)(a)(iii) (with reg. 5)

C2 Sch. 6 para. 8(2) modified (1.10.2020) by The Coronavirus (Retention of Fingerprints and DNA Profiles in the Interests of National Security) (No. 2) Regulations 2020 (S.I. 2020/973), regs. 1(1), 3(2)(a)(iii)(4)

9 (1) This paragraph applies to paragraph 6 material taken from, or provided by, an individual— U.K.

(a) who has been convicted of a recordable offence (other than a single exempt conviction) or of an offence in Scotland which is punishable by imprisonment, or

(b) who is so convicted before the end of the period within which the material may be retained by virtue of paragraph 8.

(2) The material may be retained indefinitely.

10 (1) For the purposes of paragraphs 8 and 9 an individual is to be treated as having been convicted of an offence if— U.K.

(a) in relation to a recordable offence in England and Wales or Northern Ireland—

(i) the individual has been given a caution in respect of the offence which, at the time of the caution, the individual has admitted,

(ii) the individual has been found not guilty of the offence by reason of insanity,[F1 or]

(iii) the individual has been found to be under a disability and to have done the act charged in respect of the offence, F2 ...

F2 ( iv ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the individual, in relation to an offence in Scotland punishable by imprisonment, has accepted or has been deemed to accept—

(i) a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995,

(ii) a compensation offer under section 302A of that Act,

(iii) a combined offer under section 302B of that Act, or

(iv) a work offer under section 303ZA of that Act,

(c) the individual, in relation to an offence in Scotland punishable by imprisonment, has been acquitted on account of the individual's insanity at the time of the offence or (as the case may be) by virtue of section 51A of the Criminal Procedure (Scotland) Act 1995,

(d) a finding in respect of the individual has been made under section 55(2) of the Criminal Procedure (Scotland) Act 1995 in relation to an offence in Scotland punishable by imprisonment,

(e) the individual, having been given a fixed penalty notice under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 in connection with an offence in Scotland punishable by imprisonment, has paid—

(i) the fixed penalty, or

(ii) (as the case may be) the sum which the individual is liable to pay by virtue of section 131(5) of that Act, or

(f) the individual, in relation to an offence in Scotland punishable by imprisonment, has been discharged absolutely by order under section 246(3) of the Criminal Procedure (Scotland) Act 1995.

(2) Paragraphs 8, 9 and this paragraph, so far as they relate to individuals convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974.

[F3 (2A) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.]

(3) For the purposes of paragraphs 8 and 9—

(a) an individual has no previous convictions if the individual has not previously been convicted—

(i) in England and Wales or Northern Ireland of a recordable offence, or

(ii) in Scotland of an offence which is punishable by imprisonment, and

(b) if the individual has previously been convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the individual was aged under 18.

(4) In sub-paragraph (3) “qualifying offence” has—

(a) in relation to a conviction in respect of a recordable offence committed in England and Wales, the meaning given by section 65A of the Police and Criminal Evidence Act 1984, and

(b) in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 ( S.I. 1989/1341 (N.I. 12)).

(5) If an individual is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under paragraph 8 or 9 whether the individual has been convicted of one offence.

Textual Amendments

F1 Word in Sch. 6 para. 10(1)(a)(ii) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 32(a) (with s. 135(4)); S.I. 2013/453, art. 4(f)

F2 Sch. 6 para. 10(1)(a)(iv) and preceding word omitted (8.4.2013) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) , s. 151(1) , Sch. 24 para. 32(b) (with s. 135(4) ); S.I. 2013/453 , art. 4(f)

F3 Sch. 6 para. 10(2A) inserted (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 5 (with s. 97); S.I. 2013/1814, art. 2(k)

11 (1) Paragraph 6 material may be retained for as long as a national security determination made by [F4 a] chief officer of police has effect in relation to it. U.K.

(2) A national security determination is made if [F5 a] chief officer of police determines that it is necessary for any paragraph 6 material to be retained for the purposes of national security.

(3) A national security determination—

(a) must be in writing,

(b) has effect for a maximum of [F6 5 years] beginning with the date on which the determination is made, and

(c) may be renewed.

[F7 (4) In this paragraph “chief officer of police” means—

(a) a chief officer of police of a police force in England and Wales,

(b) the chief constable of the Police Service of Scotland, or

(c) the Chief Constable of the Police Service of Northern Ireland.]

Textual Amendments

F4 Word in Sch. 6 para. 11(1) substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 16(2); S.I. 2020/792, reg. 2(e)

F5 Word in Sch. 6 para. 11(2) substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 16(3); S.I. 2020/792, reg. 2(e)

F6 Words in Sch. 6 para. 11(3)(b) substituted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 16(4) (with s. 25(7)(8)); S.I. 2020/792, reg. 2(e)

F7 Sch. 6 para. 11(4) inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 16(5); S.I. 2020/792, reg. 2(e)

[F8 11A (1) This paragraph applies where paragraph 6 material is or includes a person's fingerprints (“the original fingerprints”). U.K.

(2) A constable may make a determination under this paragraph in respect of any further fingerprints taken from, or provided by, the same person (“the further fingerprints”) if conditions 1 and 2 are met.

(3) Condition 1 is met if the further fingerprints—

(a) are paragraph 6 material,

(b) are taken or provided under or by virtue of—

(i) Part 5 of the Police and Criminal Evidence Act 1984,

(ii) Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(iii) any provision, power or authority mentioned in section 18G(1) of the Criminal Procedure (Scotland) Act 1995,

(iv) paragraph 10 of Schedule 8 to the Terrorism Act 2000, F9 ...

(v) paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019, F10 ...

[F11 (vi) paragraph 10 of Schedule 6 to the National Security Act 2023, or

(vii) paragraph 1 or 4 of Schedule 12 to that Act, or]

(c) are material to which section 18 of the Counter-Terrorism Act 2008 applies.

(4) Condition 2 is met if—

(a) in a case where the further fingerprints are material to which section 18 of the Counter-Terrorism Act 2008 applies, the original fingerprints and the further fingerprints are held under the law of the same part of the United Kingdom;

(b) in any other case, the original fingerprints and the further fingerprints were taken from or provided by the person in the same part of the United Kingdom.

(5) Where a determination under this paragraph is made in respect of the further fingerprints—

(a) the further fingerprints may be retained for as long as the original fingerprints are retained under any power conferred by paragraph 8, 9 or 11, and

(b) a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).

(6) Sub-paragraph (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.

(7) A written record must be made of a determination under this paragraph.

(8) In this paragraph—

(a) “enactment” includes—

(i) an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, and

(ii) an enactment comprised in, or in an instrument made under, Northern Ireland legislation;

(b) references to a part of the United Kingdom are references to—

(i) England and Wales,

(ii) Scotland, or

(iii) Northern Ireland.]

Textual Amendments

F8 Sch. 6 para. 11A inserted (13.8.2020) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(2)(b), Sch. 2 para. 17; S.I. 2020/792, reg. 2(e)

F9 Word in Sch. 6 para. 11A(3)(b)(iv) omitted (20.12.2023) by virtue of The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 29(3)(a)

F10 Word in Sch. 6 para. 11A(3)(b)(v) omitted (20.12.2023) by virtue of The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 29(3)(b)

F11 Sch. 6 para. 11A(3)(b)(vi)(vii) inserted (20.12.2023) by The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023 (S.I. 2023/1386), reg. 1(2), Sch. para. 29(3)(c)