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Crime and Security Act 2010

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This is the original version (as it was originally enacted).

16Material subject to the Criminal Procedure (Scotland) Act 1995

This section has no associated Explanatory Notes

(1)This section applies to the following material—

(a)relevant physical data or samples taken under section 18(2), (6) or (6A) of the 1995 Act (prints, samples etc. in criminal investigations), and

(b)a DNA profile derived from a DNA sample falling within paragraph (a).

(2)Material retained under this section must not be used other than—

(a)in the interests of national security, or

(b)for the purposes of a terrorist investigation.

(3)Material to which this section applies may be retained—

(a)if the chief constable determines that it is necessary for the material to be retained for the purposes of national security, and

(b)for as long as the determination has effect.

(4)A determination mentioned in subsection (3)—

(a)has effect for a maximum of 2 years beginning with the date on which the material would (but for this section) first become liable for destruction under the 1995 Act,

(b)may be renewed.

(5)The reference in subsection (3) to the chief constable is a reference to the chief constable of the police force—

(a)of which the constable who took (or directed the taking of) the material was a member, or

(b)in the case of a DNA profile, of which the constable who took (or directed the taking of) the sample from which the profile was derived was a member.

(6)Subsection (3) has effect despite any provision to the contrary in the 1995 Act.

(7)The reference in subsection (2) to using material includes a reference to allowing any check to be made against it and to disclosing it to any person.

(8)In this section—

  • “the 1995 Act” is the Criminal Procedure (Scotland) Act 1995,

  • “DNA profile” means any information derived from a DNA sample,

  • “DNA sample” means any material that has come from a human body and consists of or includes human cells,

  • “terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000.

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