4Persons arrested for or charged with a minor offence
After section 63G of the Police and Criminal Evidence Act 1984 (for which see section 3) insert—
“63HRetention of section 63D material: persons arrested for or charged with a minor offence
(1)This section applies to section 63D material which—
(a)relates to a person who—
(i)is arrested for or charged with a recordable offence other than a qualifying offence,
(ii)if arrested for or charged with more than one offence arising out of a single course of action, is not also arrested for or charged with a qualifying offence, and
(iii)is not convicted of the offence or offences in respect of which the person is arrested or charged, and
(b)was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence or offences in respect of which the person is arrested or charged.
(2)If the person has previously been convicted of a recordable offence which is not an excluded offence, the material may be retained indefinitely.
(3)In this section “excluded offence” has the meaning given by section 63F (11).”