Terrorism Prevention and Investigation Measures Act 2011

Retention of paragraph 6 material

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 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.