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Part 1 U.K.Powers to gather and share information

Retention and use of fingerprints and samplesU.K.

Prospective

14Material subject to the Police and Criminal Evidence Act 1984U.K.

(1)The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2)In section 63A(1) (fingerprints, impressions of footwear and samples: what they may be checked against), for paragraphs (a) and (b) substitute—

“(a)other fingerprints, impressions of footwear or samples—

(i)to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or are held in connection with or as a result of an investigation of an offence, or

(ii)which are held by or on behalf of the Security Service or the Secret Intelligence Service;

(b)information derived from other samples—

(i)which is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a)(i) above, or

(ii)which is held by or on behalf of the Security Service or the Secret Intelligence Service.”.

(3)In section 63A(1ZA) (fingerprints from a person whose identity is unclear: what they may be checked against), for the words from “other fingerprints” to the end, substitute “other fingerprints—

(a)to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence, or

(b)which are held by or on behalf of the Security Service or the Secret Intelligence Service.”.

F1(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Prospective

15Material subject to the Police and Criminal Evidence (Northern Ireland) Order 1989U.K.

(1)The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) is amended as follows.

(2)In Article 63A(1) (fingerprints and samples: what they may be checked against), for paragraphs (a) and (b), substitute—

“(a)other fingerprints, impressions of footwear or samples—

(i)to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or are held in connection with or as a result of an investigation of an offence, or

(ii)which are held by or on behalf of the Security Service or the Secret Intelligence Service;

(b)information derived from other samples—

(i)which is contained in records to which the person seeking to check has access and which are held as mentioned in paragraph (a)(i) above, or

(ii)which is held by or on behalf of the Security Service or the Secret Intelligence Service.”.

(3)In Article 63A(1ZA) (fingerprints from a person whose identity is unclear: what they may be checked against), for “other fingerprints” to the end, substitute “other fingerprints—

(a)to which the person seeking to check has access and which are held by or on behalf of any one or more relevant law-enforcement authorities or which are held in connection with or as a result of an investigation of an offence, or

(b)which are held by or on behalf of the Security Service or the Secret Intelligence Service.”.

(4)In Article 64(1A) (purposes for which fingerprints or samples may be retained and used), for the words from “except for purposes” to the end substitute “ except as described in paragraph (1AB) ”.

(5)After paragraph (1AA) of that Article (inserted by section 12) insert—

“(1AB)The fingerprints, impressions of footwear or samples may be used—

(a)in the interests of national security,

(b)for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

(c)for purposes related to the identification of a deceased person or of the person from whom the material came.”.

(6)In paragraph (1B) of that Article, after “(1AA)” (inserted by section 12) insert “ or (1AB) ”.

Prospective

F216Material subject to the Terrorism Act 2000: England and Wales and Northern IrelandU.K.

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Textual Amendments

Prospective

F217Material subject to the Terrorism Act 2000: ScotlandU.K.

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Textual Amendments

[F318Destruction of national security material not subject to existing statutory restrictionsU.K.

(1)This section applies to fingerprints, DNA samples and DNA profiles that—

(a)are held for the purposes of national security by a law enforcement authority under the law of England and Wales or Northern Ireland, and

(b)are not held subject to existing statutory restrictions.

(2)Material to which this section applies (“section 18 material”) must be destroyed if it appears to the responsible officer that the condition in subsection (3) is not met.

(3)The condition is that the material has been—

(a)obtained by the law enforcement authority pursuant to an authorisation under Part 3 of the Police Act 1997 (authorisation of action in respect of property),

(b)obtained by the law enforcement authority in the course of surveillance, or use of a covert human intelligence source, authorised under Part 2 of the Regulation of Investigatory Powers Act 2000,

(c)supplied to the law enforcement authority by another law enforcement authority, or

(d)otherwise lawfully obtained or acquired by the law enforcement authority for any of the purposes mentioned in section 18D(1).

(4)In any other case, section 18 material must be destroyed unless it is retained by the law enforcement authority under any power conferred by section 18A [F4, 18AA] or 18B, but this is subject to subsection (5).

(5)A DNA sample to which this section applies must be destroyed—

(a)as soon as a DNA profile has been derived from the sample, or

(b)if sooner, before the end of the period of 6 months beginning with the date on which it was taken.

(6)Section 18 material which ceases to be retained under a power mentioned in subsection (4) may continue to be retained under any other such power which applies to it.

(7)Nothing in this section prevents section 18 material from being checked against other fingerprints, DNA samples or DNA profiles held by a law enforcement authority within such time as may reasonably be required for the check, if the responsible officer considers the check to be desirable.

(8)For the purposes of subsection (1), the following are “existing statutory restrictions”—

(a)paragraph 18(2) of Schedule 2 to the Immigration Act 1971;

(b)sections 22, 63A and 63D to 63U of the Police and Criminal Evidence Act 1984 and any corresponding provision in an order under section 113 of that Act;

(c)Articles 24, 63A and 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

(d)section 2(2) of the Security Service Act 1989;

(e)section 2(2) of the Intelligence Services Act 1994;

(f)paragraphs 20(3) and 20A to 20J of Schedule 8 to the Terrorism Act 2000;

(g)section 56 of the Criminal Justice and Police Act 2001;

(h)paragraph 8 of Schedule 4 to the International Criminal Court Act 2001;

(i)sections 73, 83, 87, 88 and 89 of the Armed Forces Act 2006 and any provision relating to the retention of material in an order made under section 74, 93 or 323 of that Act;

(j)paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011;

[F5(k)paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.]

[F6(l)Part 4 of Schedule 6 to the National Security Act 2023;

(m)paragraphs 5 to 15 of Schedule 12 to that Act.]

Textual Amendments

F3Ss. 18-18E substituted for s. 18 (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 4 (with s. 97); S.I. 2013/1814, art. 2(k)

18ARetention of material: generalU.K.

(1)Section 18 material which is not a DNA sample and relates to a person who has no previous convictions or only one exempt conviction may be retained by the law enforcement authority until the end of the retention period specified in subsection (2), but this is subject to [F7subsections (4) to (9)].

(2)The retention period is—

(a)in the case of fingerprints, the period of 3 years beginning with the date on which the fingerprints were taken, and

(b)in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

(3)Section 18 material which is not a DNA sample and relates to a person who has previously been convicted of a recordable offence [F8or recordable-equivalent offence] (other than a single exempt conviction), or is so convicted before the material is required to be destroyed by virtue of this section, may be retained indefinitely.

(4)Section 18 material which is not a DNA sample may be retained indefinitely if—

(a)it is held by the law enforcement authority in a form which does not include information which identifies the person to whom the material relates [F9(a “pseudonymised form”)], and

(b)the law enforcement authority does not know, and has never known, the identity of the person to whom the material relates.

(5)In a case where section 18 material is being retained by a law enforcement authority under subsection (4), if—

(a)the law enforcement authority comes to know the identity of the person to whom the material relates, and

(b)the material relates to a person who has no previous convictions or only one exempt conviction,

the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (6).

(6)The retention period is the period of 3 years beginning with the date on which the identity of the person to whom the material relates comes to be known by the law enforcement authority.

[F10(7)Section 18 material which is not a DNA sample may be retained indefinitely by a law enforcement authority if—

(a)the authority obtains or acquires the material directly or indirectly from an overseas law enforcement authority,

(b)the authority obtains or acquires the material in a form which includes information which identifies the person to whom the material relates,

(c)as soon as reasonably practicable after obtaining or acquiring the material, the authority takes the steps necessary for it to hold the material in a pseudonymised form, and

(d)having taken those steps, the law enforcement authority continues to hold the material in a pseudonymised form.

(8)In a case where section 18 material is being retained by a law enforcement authority under subsection (7), if—

(a)the law enforcement authority ceases to hold the material in a pseudonymised form, and

(b)the material relates to a person who has no previous convictions or only one exempt conviction,

the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (9).

(9)The retention period is the period of 3 years beginning with the date on which the law enforcement authority first ceases to hold the material in a pseudonymised form.]

Textual Amendments

F3Ss. 18-18E substituted for s. 18 (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 4 (with s. 97); S.I. 2013/1814, art. 2(k)

Modifications etc. (not altering text)

[F1118AARetention of material from INTERPOLU.K.

(1)This section applies to section 18 material which is not a DNA sample where the law enforcement authority obtained or acquired the material as part of a request for assistance, or a notification of a threat, sent to the United Kingdom via INTERPOL’s systems.

(2)The law enforcement authority may retain the material until the National Central Bureau informs the authority that the request or notification has been cancelled or withdrawn.

(3)If the law enforcement authority is the National Central Bureau, it may retain the material until it becomes aware that the request or notification has been cancelled or withdrawn.

(4)In this section—

(5)The reference in subsection (1) to material obtained or acquired as part of a request or notification includes material obtained or acquired as part of a communication, sent to the United Kingdom via INTERPOL’s systems, correcting, updating or otherwise supplementing the request or notification.

Textual Amendments

18ABRetention of material from INTERPOL: supplementaryU.K.

(1)The Secretary of State may by regulations amend section 18AA to make such changes as the Secretary of State considers appropriate in consequence of—

(a)changes to the name of the organisation which, when section 18AA was enacted, was called the International Criminal Police Organization - INTERPOL (“the organisation”),

(b)changes to arrangements made by the organisation which involve fingerprints or DNA profiles being provided to members of the organisation (whether changes to existing arrangements or changes putting in place new arrangements), or

(c)changes to the organisation’s arrangements for liaison between the organisation and its members or between its members.

(2)Regulations under this section are subject to affirmative resolution procedure.]

Textual Amendments

18BRetention for purposes of national securityU.K.

(1)Section 18 material which is not a DNA sample may be retained for as long as a national security determination made by the responsible officer [F12, or by a chief officer of police,] has effect in relation to it.

(2)A national security determination is made if the responsible officer [F13, or a chief officer of police,] determines that it is necessary for any such section 18 material to be retained for the purposes of national security.

(3)A national security determination—

(a)must be made in writing,

(b)has effect for a maximum of [F145 years] beginning with the date on which the determination is made, and

(c)may be renewed.

[F15(4)In this section “chief officer of police” means a person other than the responsible officer who is—

(a)the chief officer of police of a police force in England and Wales, or

(b)the Chief Constable of the Police Service of Northern Ireland.]

Textual Amendments

F3Ss. 18-18E substituted for s. 18 (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 4 (with s. 97); S.I. 2013/1814, art. 2(k)

[F1618BARetention of further fingerprintsU.K.

(1)This section applies where section 18 material is or includes a person's fingerprints (“the original fingerprints”).

(2)An appropriate officer may make a determination under this section in respect of any further fingerprints taken from the same person (“the further fingerprints”) if conditions 1 and 2 are met.

(3)Condition 1 is met if the further fingerprints—

(a)are section 18 material, or

(b)are taken under—

(i)Part 5 of the Police and Criminal Evidence Act 1984,

(ii)Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(iii)paragraph 10 of Schedule 8 to the Terrorism Act 2000,

(iv)paragraph 1 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or

(v)paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.

(4)Condition 2 is met if both the original fingerprints and the further fingerprints—

(a)are held by a law enforcement authority under the law of England and Wales, or

(b)are held by a law enforcement authority under the law of Northern Ireland.

(5)Where a determination under this section is made in respect of the further fingerprints—

(a)the further fingerprints may be retained for as long as the original fingerprints are retained under a power conferred by section 18A [F17, 18AA] or 18B, and

(b)a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).

(6)Subsection (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.

(7)A written record must be made of a determination under this section.

(8)In this section—

Textual Amendments

F3Ss. 18-18E substituted for s. 18 (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 4 (with s. 97); S.I. 2013/1814, art. 2(k)

18CDestruction of copiesU.K.

(1)If fingerprints are required by section 18 to be destroyed, any copies of the fingerprints held by the law enforcement authority concerned must also be destroyed.

(2)If a DNA profile is required by that section to be destroyed, no copy may be retained by the law enforcement authority concerned except in a form which does not include information which identifies the person to whom the DNA profile relates.

Textual Amendments

F3Ss. 18-18E substituted for s. 18 (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 4 (with s. 97); S.I. 2013/1814, art. 2(k)

18DUse of retained materialU.K.

(1)Section 18 material must not be used other than—

(a)in the interests of national security,

(b)for the purposes of a terrorist investigation,

(c)for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

(d)for purposes related to the identification of a deceased person or of the person to whom the material relates.

(2)Subject to subsection (1), section 18 material may be checked against other fingerprints, DNA samples or DNA profiles held by a law enforcement authority or [F18the Scottish Police Authority ] if the responsible officer considers the check to be desirable.

(3)Material which is required by section 18 to be destroyed must not at any time after it is required to be destroyed be used—

(a)in evidence against the person to whom the material relates, or

(b)for the purposes of the investigation of any offence.

(4)In this section—

(a)the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,

(b)the 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

(c)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.

Textual Amendments

F3Ss. 18-18E substituted for s. 18 (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 4 (with s. 97); S.I. 2013/1814, art. 2(k)

18ESections 18 to 18E: supplementary provisionsU.K.

(1)In sections 18 to 18D and this section—

(2)An order under subsection (1) is subject to negative resolution procedure.

(3)For the purposes of section 18A, a person is to be treated as having been convicted of an offence [F28in England and Wales or Northern Ireland] if the person—

(a)has been given a caution in respect of the offence which, at the time of the caution, the person has admitted,

(b)has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence,

(c)has been found not guilty of the offence by reason of insanity, or

(d)has been found to be under a disability and to have done the act charged in respect of the offence.

(4)Sections 18A and this section, so far as they relate to persons convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974.

(5)But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 of the Protection of Freedoms Act 2012.

[F29(5A)For the purposes of section 18A, a person is to be treated as having been convicted of an offence in a country or territory outside England and Wales and Northern Ireland if, in respect of such an offence, a court exercising jurisdiction under the law of that country or territory has made a finding equivalent to—

(a)a finding that the person is not guilty by reason of insanity, or

(b)a finding that the person is under a disability and did the act charged against the person in respect of the offence.]

(6)For the purposes of section 18A—

(a)a person has no previous convictions if the person has not previously been convicted [F30—

(i)]in England and Wales or Northern Ireland of a recordable offence, [F31or

(ii)in a country or territory outside England and Wales and Northern Ireland, of a recordable-equivalent offence,] and

(b)if the person has been previously so convicted F32..., the conviction is exempt if it is in respect of [F33an offence, other than a qualifying offence or qualifying-equivalent offence], committed when the person was aged under 18.

(7)In [F34this section], “qualifying offence” has—

(a)in relation to a conviction in respect of a recordable offence committed in England and Wales, the meaning given by section 65A of the Police and Criminal Evidence Act 1984, and

(b)in relation to a conviction in respect of a recordable offence committed in Northern Ireland, the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

[F35(7A)In subsection (6), “qualifying-equivalent offence” means an offence under the law of a country or territory outside England and Wales and Northern Ireland where the act constituting the offence would constitute a qualifying offence if done in England and Wales or Northern Ireland (whether or not the act constituted such an offence when the person was convicted).]

(8)If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under section 18A whether the person has been convicted of only one offence.]

Textual Amendments

F3Ss. 18-18E substituted for s. 18 (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 1 para. 4 (with s. 97); S.I. 2013/1814, art. 2(k)

F19Words in s. 18E(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 34; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F20Words in s. 18E(1) substituted (7.10.2013) by Crime and Courts Act 2013, s. 61(2), Sch. 8 para. 186; S.I. 2013/1682, art. 3(v)

F25Words in s. 18E(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 35; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F26Words in s. 18E(1)(f) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(3), Sch. 4 para. 41

F27Words in s. 18E(1) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 36; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F30Words in s. 18E(6)(a) renumbered as s. 18E(6)(a)(i) (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 126(7)(a), 142(2)(d) (with s. 126(11)-(15))