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.