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SCHEDULES

SCHEDULE 3AMENDMENTS: FINGERPRINTS, DNA PROFILES, ETC.

The Police and Criminal Evidence (Northern Ireland) Order 1989 (NI 12)

1.—(1) Article 53 (interpretation of Part 6) is amended as follows.

(2) In paragraph (1) at the appropriate places in alphabetical order insert—

“Article 63B material” means fingerprints or DNA profiles to which Article 63B applies;

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

“DNA sample means any material which—

(a)

has been taken by the police from a person—

(i)

under a power conferred by Article 62 or 63; or

(ii)

with the consent of that person, in connection with the investigation of an offence by the police;

(b)

consists of or includes human cells; and

(c)

was taken for the purpose of deriving a DNA profile from it..

(3) After paragraph (3) insert—

(3A) In paragraph (3) the reference to the destruction of a sample does not include a reference to the destruction of a sample under Article 63P (requirement to destroy samples).

(3B) Any reference in Articles 63D, 63E, 63N or 63R to a person being charged with an offence includes a reference to a person being informed that the person will be reported for an offence..