F164 Destruction of fingerprints and samples.E+W
(b)subsection (3) below does not require them to be destroyed,
the fingerprints [F3, impressions of footwear]F3 or samples may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person [F4except as described in subsection (1AB) ]F4 .
[F6(1AA)Where fingerprints or samples are taken from a person who is subject to a control order the fingerprints or samples may be retained after they have fulfilled the purposes for which they were taken but shall not be used by any person except as described in subsection (1AB).]
(a)in the interests of national security,
(b)for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or
(c)for purposes related to the identification of a deceased person or of the person from whom the material came.]
(a)the reference to using a fingerprint [F10or an impression of footwear]F10 includes a reference to allowing any check to be made against it under section 63A(1) or (1C) above and to disclosing it to any person;
(b)the reference to using a sample includes a reference to allowing any check to be made under section 63A(1) or (1C) above against it or against information derived from it and to disclosing it or any such information to any person;
(c)the reference to crime includes a reference to any conduct which—
(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or
(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;
(d)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.]
[F11(1BA)Fingerprints taken from a person by virtue of section 61(6A) above must be destroyed as soon as they have fulfilled the purpose for which they were taken.]
(b)that person is not suspected of having committed the offence,
(a)they were taken for the purposes of the investigation of an offence of which a person has been convicted; and
F15(3AB)Subject to subsection (3AC) below, where a person is entitled under [F18subsection (1BA) or (3) ]F18 above to the destruction of any fingerprint [F19, impression of footwear]F19 or sample taken from him (or would be but for subsection (3AA) above), neither the fingerprint [F20, nor the impression of footwear,]F20 nor the sample, nor any information derived from the sample, shall be used—
(b)for the purposes of the investigation of any offence;
and subsection (1B) above applies for the purposes of this subsection as it applies for the purposes of subsection (1A) above.
(b)subsection (3AB) above shall not restrict the use that may be made of the fingerprint [F21, impression of footwear]F21 or sample or, in the case of a sample, of any information derived from it; and
(c)that consent shall be treated as comprising a consent for the purposes of section 63A(1C) above;
and a consent given for the purpose of this subsection shall not be capable of being withdrawn. [F23 This subsection does not apply to fingerprints taken from a person by virtue of section 61(6A) above.]
F23F15(3AD)For the purposes of subsection (3AC) above it shall be immaterial whether the consent is given at, before or after the time when the entitlement to the destruction of the fingerprint [F24, impression of footwear]F24 or sample arises.]
[F25(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(b)any chief officer of police controlling access to computer data relating to the fingerprints [F27or impressions of footwear]F27 shall make access to the data impossible, as soon as it is practicable to do so.]
(a)subsection (5)(b) above falls to be complied with; and
such a certificate shall be issued to him, not later than the end of the period of three months beginning with the day on which he asks for it, by the responsible chief officer of police or a person authorised by him or on his behalf for the purposes of this section.
(7)Nothing in this section—
(a)affects any power conferred by paragraph 18(2) of Schedule 2 to the M1Immigration Act 1971 [F33or section 20 of the Immigration and Asylum Act 1999 (c. 33) (disclosure of police information to the Secretary of State for use for immigration purposes);]; or
(b)applies to a person arrested or detained under the terrorism provisions.
Modifications etc. (not altering text)
[F3464 Retention of samples and fingerprints, etc generallyE+W
(1)This section applies to the following material—
(a)fingerprints, samples or impressions of footwear—
(i)taken from a person under any power conferred by this Part of this Act, or
(ii)taken in connection with the investigation of an offence with the consent of the person from whom they were taken, and
(b)a DNA profile derived from a DNA sample falling within paragraph (a).
(2)Material to which this section applies may be retained after it has fulfilled the purpose for which it was taken or derived.
(3)This section is subject to sections 64ZA to 64ZJ.
(4)This section and sections 64ZA to 64ZH do not apply to material to which paragraph 14 of Schedule 8 to the Terrorism Act 2000 applies.
(5)Any reference in those sections to a person being arrested for or charged with an offence does not include a reference to a person—
(a)being arrested under section 41 of the Terrorism Act 2000, or
(b)being charged with an offence following an arrest under that section.
(6)Nothing in this section, or sections 64ZA to 64ZN, affects any power conferred by—
(a)paragraph 18(2) of Schedule 2 to the Immigrtion Act 1971 (power to take reasonable steps to identify a person detained), or
(b)section 20 of the Immigration and Asylum Act 1999 (disclosure of police information to the Secretary of State for use for immigration purposes).F34]