Criminal Justice Act (Northern Ireland) 2013

Prospective

Retention of fingerprints, DNA profiles, etc.N.I.

Retention of fingerprints, DNA profiles, etc.N.I.

9—(1) After Article 63A of the Police and Criminal Evidence (Northern Ireland) Order 1989 insert the Articles set out in Schedule 2.

(2) The statutory provisions set out in Schedule 3 have effect subject to the minor and consequential amendments specified in that Schedule.

(3) The Department of Justice must by order make such transitional, transitory or saving provision as that Department considers appropriate in connection with the coming into operation of this section and the repeals in Part 3 of Schedule 4.

(4) That Department must, in particular, provide for the destruction or retention of PACE material taken, or (in the case of a DNA profile) derived from a sample taken, before the commencement day in connection with the investigation of an offence.

(5) An order under subsection (3) is subject to negative resolution.

(6) In this section—

the commencement day” means the day on which this section comes into operation;

PACE material” means material that would have been material to which Article 63B or 63P of the Police and Criminal Evidence (Northern Ireland) Order 1989 applied if those provisions had been in operation when it was taken or derived.