5(1)Use of the results of an analysis of DNA for any of the following purposes is use for an excepted purpose—U.K.
(a)the medical diagnosis or treatment of the person whose body manufactured the DNA;
(b)purposes of functions of a coroner;
(c)purposes of functions of a procurator fiscal in connection with the investigation of deaths;
(d)the prevention or detection of crime;
(e)the conduct of a prosecution;
(f)purposes of national security;
(g)implementing an order or direction of a court or tribunal, including one outside the United Kingdom.
(2)For the purposes of sub-paragraph (1)(d), detecting crime shall be taken to include—
(a)establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed, and
(b)the apprehension of the person by whom any crime was committed;
and the reference in sub-paragraph (1)(d) to the detection of crime includes any detection outside the United Kingdom of any crime or suspected crime.
(3)In sub-paragraph (1)(e), the reference to a prosecution includes a prosecution brought in respect of a crime in a country or territory outside the United Kingdom.
(4)In this paragraph, a reference to a crime includes a reference to any conduct which—
(a)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or a country or territory outside the United Kingdom),
(b)is, or corresponds to, conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, or
F1(c)constitutes one or more [F1service offences within the meaning of the Armed Forces Act 2006.]
(5)Sub-paragraph (1)(g) shall not be taken to confer any power to make orders or give directions.
Textual Amendments
F1Words in Sch. 4 para. 5(4)(c) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 242; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Modifications etc. (not altering text)
C1Sch. 4 para. 5(4)(c) modified (24.4.2009 for specified purposes, 31.10.2009 in so far as not already in force) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), art. 1(3), Sch. 1 para. 55
Commencement Information
I1Sch. 4 para. 5 in force at 20.10.2005 for specified purposes by S.I. 2005/2792, art. 2(2)(j)
I2Sch. 4 para. 5 in force at 1.9.2006 in so far as not already in force by S.I. 2006/1997, art. 3(2) (with arts. 4, 7, 8)