(1)In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting)—
(a)in subsections (5A) and (5B), for the words after “investigation” in paragraph (b) there is substituted “but
(i)subsection (3A)(a) or (b) above applies, or
(ii)subsection (5C) below applies.”;
(b)after subsection (5B) there is inserted—
“(5C)This subsection applies where—
(a)the investigation was discontinued but subsequently resumed, and
(b)before the resumption of the investigation the fingerprints were destroyed pursuant to section 63D(3) below.”
(2)In section 63 of that Act (non-intimate samples)—
(a)at the end of subsection (3ZA)(b) there is inserted “, or
“(iii)subsection (3AA) below applies.”;
(b)in subsection (3A)(b), for “insufficient; or” there is substituted “insufficient, or
(iii)subsection (3AA) below applies; or”;
(c)after subsection (3A) there is inserted—
“(3AA)This subsection applies where the investigation was discontinued but subsequently resumed, and before the resumption of the investigation—
(a)any DNA profile derived from the sample was destroyed pursuant to section 63D(3) below, and
(b)the sample itself was destroyed pursuant to section 63R(4), (5) or (12) below.”