SCHEDULE 1 continued PART 1 continued
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(2)
35In the case of a person who has previously been convicted of a
recordable offence (other than a single exempt conviction), or an
offence in Scotland which is punishable by imprisonment, or is so
convicted before the end of the period within which the material
may be retained by virtue of this paragraph, the material may be
40retained indefinitely.
(3)
In the case of a person who has no previous convictions, or only
one exempt conviction, the material may be retained until the end
of the retention period specified in sub-paragraph (4).
(4) The retention period is—
(a)
45in the case of fingerprints or relevant physical data, the
period of 3 years beginning with the date on which the
fingerprints or relevant physical data were taken or
provided, and