Modifications etc. (not altering text)
C1Schs. 7, 8, 14 extended (with modifications) (coming into force in accordance with art. 1(2) of the extending S.I.) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 (S.I. 2003/2818), art. 11(1)(b), Sch. 2; (as amended (31.3.2021) by The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2021 (S.I. 2021/311), arts. 1(2), 2(7)(b)(i))
C2Sch. 8 applied (with modifications) (25.7.2006) by Terrorism Act 2006 (c. 11), s. 25(1)(3)(4); S.I. 2006/1936, art. 2
14(1)This paragraph applies to—U.K.
(a)fingerprints or samples taken under paragraph 10 or 12, and
(b)information derived from those samples.
[F1(2)The fingerprints and samples may be retained but shall not be used by any person except for the purposes of a terrorist investigation or for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution.]
(3)In particular, a check may not be made against them under—
(a)section 63A(1) of the M1Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), or
(b)Article 63A(1) of the M2Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples),
except for the purpose of a terrorist investigation [F2or for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution.].
(4)The fingerprints, samples or information may be checked, subject to sub-paragraph (2), against—
(a)other fingerprints or samples taken under paragraph 10 or 12 or information derived from those samples,
(b)relevant physical data or samples taken by virtue of paragraph 20,
(c)any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the M3Police and Criminal Evidence Act 1984 (checking of fingerprints and samples),
(d)any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the M4Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), and
[F3(4A)In this paragraph—
(a)a reference to crime includes a reference to any conduct which—
(i)constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom); or
(ii)is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences;
and
(b)the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.]
(5)This paragraph (other than sub-paragraph (4)) shall apply to fingerprints or samples taken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the M5Prevention of Terrorism (Temporary Provisions) Act 1989 and information derived from those samples as it applies to fingerprints or samples taken under paragraph 10 or 12 and the information derived from those samples.
Textual Amendments
F1Sch. 8 para. 14(2) substituted (E.W.N.I.) (11.5.2001) by 2001 c. 16, s. 84(2)
F2Words in Sch. 8 para. 14(3) inserted (E.W.N.I.) (11.5.2001) by 2001 c. 16, s. 84(3)
F3Sch. 8 para. 14(4A) inserted (E.W.N.I.) (11.5.2001) by 2001 c. 16, s. 84(4)
Marginal Citations