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Version status: Partly in force | Document consolidation status: Updated to reflect all known changes
Version date: 13 August 2020 - onwards
Version 2 of 2

Schedule 2 Retention of Biometric Data for Counter-Terrorism Purposes etc

Section 19

Police and Criminal Evidence Act 1984

1 The Police and Criminal Evidence Act 1984 is amended as follows.

2

(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