SCHEDULES

SCHEDULE 11Minor and consequential amendments

PART 3Amendments relating to Part 11

Police and Criminal Evidence Act 1984 (c. 60)

I186

1

Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprinting and samples: power to require attendance at police station) is amended as follows.

2

In paragraph 1 (fingerprinting: persons arrested and released)—

a

in sub-paragraph (2), for “section 61(5A)(b)” there is substituted “ section 61(5A)(b)(i) ”;

b

after sub-paragraph (3) there is inserted—

4

The power under sub-paragraph (1) above may not be exercised in a case falling within section 61(5A)(b)(ii) (fingerprints destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.

3

In paragraph 2 (fingerprinting: persons charged etc)—

a

in sub-paragraph (2)(b), for “section 61(5B)(b)” there is substituted “ section 61(5B)(b)(i) ”;

b

at the end of sub-paragraph (2) there is inserted

, or

c

in a case falling within section 61(5B)(b)(ii) (fingerprints destroyed where investigation interrupted), the day on which the investigation was resumed.

4

In paragraph 9 (non-intimate samples: persons arrested and released)—

a

in sub-paragraph (2), for “within section 63(3ZA)(b)” there is substituted “ within section 63(3ZA)(b)(i) or (ii) ”;

b

after sub-paragraph (3) there is inserted—

4

The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3ZA)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.

5

In paragraph 10 (non-intimate samples: persons charged etc)—

a

in sub-paragraph (3), for “within section 63(3A)(b)” there is substituted “ within section 63(3A)(b)(i) or (ii) ”;

b

after sub-paragraph (4) there is inserted—

5

The power under sub-paragraph (1) above may not be exercised in a case falling within section 63(3A)(b)(iii) (sample, and any DNA profile, destroyed where investigation interrupted) after the end of the period of six months beginning with the day on which the investigation was resumed.