Part V Questioning and Treatment of Persons by Police

64ZBF1Destruction of data given voluntarily

1

This section applies to—

a

fingerprints or impressions of footwear taken in connection with the investigation of an offence with the consent of the person from whom they were taken, and

b

a DNA profile derived from a DNA sample taken in connection with the investigation of an offence with the consent of the person from whom the sample was taken.

2

Material to which this section applies must be destroyed as soon as it has fulfilled the purpose for which it was taken or derived, unless it is—

a

material relating to a person who is convicted of the offence,

b

material relating to a person who has previously been convicted of a recordable offence, other than a person who has only one exempt conviction,

c

material in relation to which any of sections 64ZC to 64ZH applies, or

d

material which is not required to be destroyed by virtue of consent given under section 64ZL.

3

If material to which this section applies leads to the person to whom the material relates being arrested for or charged with an offence other than the offence under investigation—

a

the material is not required to be destroyed by virtue of this section, and

b

sections 64ZD to 64ZH have effect in relation to the material as if the material was taken (or, in the case of a DNA profile, was derived from material taken) in connection with the investigation of the offence in respect of which the person is arrested or charged.