SCHEDULES
SCHEDULE 2Retention of biometric data for counter-terrorism purposes etc
Police and Criminal Evidence Act 1984
I12
1
Section 63F (retention of section 63D material: persons arrested for or charged with a qualifying offence) is amended as follows.
2
In subsection (3), for “or (5)” substitute “
, (5) or (5A)
”
.
3
In subsection (5)(a), after “qualifying offence” insert “
, other than a terrorism-related qualifying offence,
”
.
4
After subsection (5) insert—
5A
Material falls within this subsection if—
a
it relates to a person who is arrested for a terrorism-related qualifying offence but is not charged with that offence, and
b
it was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
5
In subsection (11), after the definition of “a specified chief officer of police” insert—
“terrorism-related qualifying offence” means—
a
an offence for the time being listed in section 41(1) of the Counter-Terrorism Act 2008 (see section 65A(2)(r) below), or
b
an ancillary offence, as defined by section 65A(5) below, relating to an offence for the time being listed in section 41(1) of that Act.