Crime and Security Act 2010

20 Material subject to the Counter-Terrorism Act 2008 (Scotland)

(1) The Counter-Terrorism Act 2008 is amended as follows.

(2) In section 11—

(a) in subsection (6), for the words from “may be retained” to the end there is substituted “must be destroyed before the end of the period of 2 years beginning with the date on which the person ceases to be subject to a control order”;

(b) after subsection (6) there is inserted—

“(6A) Subsection (6) applies only if the person to whom the data, sample or information relates has no previous convictions or only one exempt conviction.

(6B) For the purpose of subsection (6A), a person has no previous convictions or only one exempt conviction if the person would have no previous convictions or only one exempt conviction for the purposes of paragraphs 20B to 20E of Schedule 8 to the Terrorism Act 2000 (see paragraph 20F of that Schedule).

(6C) Where something is required to be destroyed under subsection (6)—

(a) in any case (except a DNA profile), any copies of the thing must also be destroyed,

(b) in the case of a DNA profile, no copy may be kept except in a form that does not include information which identifies the person to whom the profile relates.

(6D) If a person makes a request to the chief constable to be notified when anything relating to the person is destroyed under subsection (6), the chief constable or a person authorised by the chief constable (or on the chief constable’s behalf) must within 3 months of the request issue the person with a certificate recording the destruction.

(6E) The references in subsection (6D) to the chief constable are to be construed in accordance with section 11A(6).”;

(c) in subsection (7), after paragraph (a) there is inserted—

“(aa) any material to which paragraph 14 or 20(3) of Schedule 8 to the Terrorism Act 2000 applies,”;

(d) in subsection (8)—

(i) after the opening words there is inserted—

• ““DNA profile” has the meaning given by section 11A(9)”;

(ii) the definition of “terrorist investigation” is repealed.

(3) After section 11 there is inserted—

“11A Retention and use of material: Scotland

(1) This section applies to the following material if it is required to be destroyed under section 11(6)—

(a) relevant physical data or samples, and

(b) a DNA profile derived from a DNA sample falling within paragraph (a).

(2) Material to which this section applies may be retained—

(a) if (at any time) the person to whom it relates consents in writing to its retention, and

(b) for as long as the consent is not withdrawn.

(3) Material to which this section applies may be retained without limit of time if, before the material would (but for this section) be required to be destroyed under section 11(6), the person to whom it relates is convicted of—

(a) an offence in Scotland which is punishable by imprisonment, or

(b) a recordable offence in England and Wales or Northern Ireland (as falling to be construed for the purposes of paragraphs 20B to 20E of Schedule 8 to the Terrorism Act 2000 (see paragraph 20F(2) of that Schedule)).

(4) Material to which this section applies may be retained—

(a) if the chief constable determines that it is necessary for the material to be retained for the purposes of national security, and

(b) for as long as the determination has effect.

(5) A determination mentioned in subsection (4)—

(a) has effect for a maximum of 2 years beginning with the date on which the material would (but for this section) be required to be destroyed under section 11(6), and

(b) may be renewed.

(6) The reference in subsection (4) to the chief constable is a reference to the chief constable of the police force—

(a) of which the constable who took (or directed the taking of) the material was a member, or

(b) in the case of a DNA profile, of which the constable who took (or directed the taking of) the sample from which the profile derived was a member.

(7) Material retained under section 11 or this section must not be used other than—

(a) in the interests of national security, or

(b) for the purposes of a terrorist investigation.

(8) Section 11(6) is subject to this section.

(9) In this section—

• “DNA profile” means any information derived from a DNA sample;

• “DNA sample” means any material that has come from a human body and consists of or includes human cells;

• “terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000.”