PART 11Policing etc

Personal samples and DNA profiles

I1145Power to retain fingerprints or DNA profile in connection with different offence

1

For section 63P of the Police and Criminal Evidence Act 1984 (section 63D material obtained for one purpose and used for another) there is substituted—

63PRetention of 63D material in connection with different offence

1

Subsection (2) applies if—

a

section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) from a person in connection with the investigation of an offence, and

b

the person is subsequently arrested for or charged with a different offence, or convicted of or given a penalty notice for a different offence.

2

Sections 63E to 63O and sections 63Q and 63T have effect in relation to the material as if the material were also taken (or, in the case of a DNA profile, derived from a sample taken)—

a

in connection with the investigation of the offence mentioned in subsection (1)(b),

b

on the date on which the person was arrested for that offence (or charged with it or given a penalty notice for it, if the person was not arrested).

2

The amendment made by subsection (1) applies even where the event referred to in subsection (1)(b) of the substituted section 63P occurs before the day on which this section comes into force.