13 Destruction of copies

After section 63P of the Police and Criminal Evidence Act 1984 (for which see
section 12) insert—

“63Q Destruction of copies of section 63D material

(1) 5If fingerprints are required by section 63D to be destroyed, any copies
of the fingerprints held by the police must also be destroyed.

(2) If a DNA profile is required by that section to be destroyed, no copy
may be retained by the police except in a form which does not include
information which identifies the person to whom the DNA profile
10relates.”

Destruction rules for samples and impressions of footwear subject to PACE

14 Destruction of samples

After section 63Q of the Police and Criminal Evidence Act 1984 (for which see
section 13) insert—

“63R 15Destruction of samples

(1) This section applies to samples—

(a) taken from a person under any power conferred by this Part of
this Act, or

(b) taken by the police, with the consent of the person from whom
20they were taken, in connection with the investigation of an
offence by the police.

(2) Samples to which this section applies must be destroyed if it appears to
the responsible chief officer of police that—

(a) the taking of the samples was unlawful, or

(b) 25the samples were taken from a person in connection with that
person’s arrest and the arrest was unlawful or based on
mistaken identity.

(3) Subject to this, the rule in subsection (4) or (as the case may be) (5)
applies.

(4) 30A DNA sample to which this section applies must be destroyed—

(a) as soon as a DNA profile has been derived from the sample, or

(b) if sooner, before the end of the period of 6 months beginning
with the date on which the sample was taken.

(5) Any other sample to which this section applies must be destroyed
35before the end of the period of 6 months beginning with the date on
which it was taken.

(6) The responsible chief officer of police may apply to a District Judge
(Magistrates’ Courts) for an order to retain a sample to which this
section applies beyond the date on which the sample would otherwise
40be required to be destroyed by virtue of subsection (4) or (5) if—

(a) the sample was taken from a person in connection with the
investigation of a qualifying offence, and

(b) the responsible chief officer of police considers that the
condition in subsection (7) is met.

(7) The condition is that, having regard to the nature and complexity of
other material that is evidence in relation to the offence, the sample is
5likely to be needed in any proceedings for the offence for the purposes
of—

(a) disclosure to, or use by, a defendant, or

(b) responding to any challenge by a defendant in respect of the
admissibility of material that is evidence on which the
10prosecution proposes to rely.

(8) An application under subsection (6) must be made before the date on
which the sample would otherwise be required to be destroyed by
virtue of subsection (4) or (5).

(9) If, on an application made by the responsible chief officer of police
15under subsection (6), the District Judge (Magistrates’ Courts) is
satisfied that the condition in subsection (7) is met, the District Judge
may make an order under this subsection which—

(a) allows the sample to be retained for a period of 12 months
beginning with the date on which the sample would otherwise
20be required to be destroyed by virtue of subsection (4) or (5),
and

(b) may be renewed (on one or more occasions) for a further period
of not more than 12 months from the end of the period when the
order would otherwise cease to have effect.

(10) 25An application for an order under subsection (9) (other than an
application for renewal)—

(a) may be made without notice of the application having been
given to the person from whom the sample was taken, and

(b) may be heard and determined in private in the absence of that
30person.

(11) A sample retained by virtue of an order under subsection (9) must not
be used other than for the purposes of any proceedings for the offence
in connection with which the sample was taken.

(12) A sample that ceases to be retained by virtue of an order under
35subsection (9) must be destroyed.

(13) Nothing in this section prevents a speculative search, in relation to
samples to which this section applies, from being carried out within
such time as may reasonably be required for the search if the
responsible chief officer of police considers the search to be desirable.”

15 40Destruction of impressions of footwear

After section 63R of the Police and Criminal Evidence Act 1984 (for which see
section 14) insert—

“63S Destruction of impressions of footwear

(1) This section applies to impressions of footwear—

(a) 45taken from a person under any power conferred by this Part of
this Act, or

(b) taken by the police, with the consent of the person from whom
they were taken, in connection with the investigation of an
offence by the police.

(2) Impressions of footwear to which this section applies must be
5destroyed unless they are retained under subsection (3).

(3) Impressions of footwear may be retained for as long as is necessary for
purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution.”

Supplementary provision for material subject to PACE

16 10Use of retained material

After section 63S of the Police and Criminal Evidence Act 1984 (for which see
section 15) insert—

“63T Use of retained material

(1) Any material to which section 63D, 63R or 63S applies must not be used
15other than—

(a) in the interests of national security,

(b) for the purposes of a terrorist investigation,

(c) for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution, or

(d) 20for purposes related to the identification of a deceased person or
of the person to whom the material relates.

(2) Material which is required by section 63D, 63R or 63S to be destroyed
must not at any time after it is required to be destroyed be used—

(a) in evidence against the person to whom the material relates, or

(b) 25for the purposes of the investigation of any offence.

(3) In this section—

(a) the reference to using material includes a reference to allowing
any check to be made against it and to disclosing it to any
person,

(b) 30the reference to crime includes a reference to any conduct
which—

(i) constitutes one or more criminal offences (whether
under the law of England and Wales or of any country
or territory outside England and Wales), or

(ii) 35is, or corresponds to, any conduct which, if it all took
place in England and Wales, would constitute one or
more criminal offences, and

(c) the references to an investigation and to a prosecution include
references, respectively, to any investigation outside England
40and Wales of any crime or suspected crime and to a prosecution
brought in respect of any crime in a country or territory outside
England and Wales.”

17 Exclusions for certain regimes

After section 63T of the Police and Criminal Evidence Act 1984 (for which see
section 16) insert—

“63U Exclusions for certain regimes

(1) 5Sections 63D to 63T do not apply to material to which paragraphs 20A
to 20J of Schedule 8 to the Terrorism Act 2000 (destruction, retention
and use of material taken from terrorist suspects) apply.

(2) Any reference in those sections to a person being arrested for, or
charged with, an offence does not include a reference to a person—

(a) 10being arrested under section 41 of the Terrorism Act 2000, or

(b) being charged with an offence following an arrest under that
section.

(3) Sections 63D to 63T do not apply to material to which paragraph 8 of
Schedule 4 to the International Criminal Court Act 2001 (requirement
15to destroy material) applies.

(4) Sections 63D to 63T do not apply to material to which paragraph 6 of
Schedule 6 to the Terrorism Prevention and Investigation Measures Act
2011 (requirement to destroy material) applies.

(5) Sections 63D to 63Q, 63S and 63T do not apply to material which is, or
20may become, disclosable under—

(a) the Criminal Procedure and Investigations Act 1996, or

(b) a code of practice prepared under section 23 of that Act and in
operation by virtue of an order under section 25 of that Act.

(6) Sections 63D to 63T do not apply to material which—

(a) 25is taken from a person, but

(b) relates to another person.

(7) Nothing in sections 63D to 63T affects any power conferred by—

(a) paragraph 18(2) of Schedule 2 to the Immigration Act 1971
(power to take reasonable steps to identify a person detained),
30or

(b) section 20 of the Immigration and Asylum Act 1999 (disclosure
of police information to the Secretary of State for use for
immigration purposes).”

18 Interpretation and minor amendments of PACE

(1) 35The Police and Criminal Evidence Act 1984 is amended as follows.

(2) In section 65(1) (interpretation of Part 5)—

(a) after the definition of “appropriate consent” insert—

• ““DNA profile” means any information derived from a
  DNA sample;

• 40“DNA sample” means any material that has come from a
  human body and consists of or includes human cells;”,

(b) after the definition of “registered health care professional” insert—

• ““the responsible chief officer of police”, in relation to
  material to which section 63D or 63R applies, means the
  chief officer of police for the police area—

  (a)

  5in which the material concerned was taken, or

  (b)

  in the case of a DNA profile, in which the sample
  from which the DNA profile was derived was
  taken;

• “section 63D material” means fingerprints or DNA profiles
  10to which section 63D applies;”, and

(c) after the definition of “terrorism” insert—

• ““terrorist investigation” has the meaning given by section
  32 of that Act;”.

(3) After section 65(2) (meaning of references to a sample’s proving insufficient)
15insert—

“(2A) In subsection (2), the reference to the destruction of a sample does not
include a reference to the destruction of a sample under section 63R
(requirement to destroy samples).

(2B) Any reference in sections 63F, 63H, 63P or 63U to a person being
20charged with an offence includes a reference to a person being
informed that the person will be reported for an offence.”

(4) In section 65A(2) (list of “qualifying offences” for purposes of Part 5), in
paragraph (j) (offences under the Theft Act 1968), for “section 9” substitute
“section 8, 9”.

(5) 25After section 65A insert—

“65B Persons convicted of an offence”

(1) For the purposes of this Part, any reference to a person who is convicted
of an offence includes a reference to—

(a) a person who has been given a caution in respect of the offence
30which, at the time of the caution, the person has admitted,

(b) a person who has been warned or reprimanded under section
65 of the Crime and Disorder Act 1998 for the offence,

(c) a person who has been found not guilty of the offence by reason
of insanity, or

(d) 35a person who has been found to be under a disability and to
have done the act charged in respect of the offence.

(2) This Part, so far as it relates to persons convicted of an offence, has
effect despite anything in the Rehabilitation of Offenders Act 1974.

(3) But a person is not to be treated as having been convicted of an offence
40if that conviction is a disregarded conviction or caution by virtue of
section 92 of the Protection of Freedoms Act 2012.

(4) If a person is convicted of more than one offence arising out of a single
course of action, those convictions are to be treated as a single
conviction for the purposes of calculating under sections 63F, 63H and
4563N whether the person has been convicted of only one offence.

(5) See also section 65(3) (which deals with findings equivalent to those
mentioned in subsection (1)(c) or (d) by courts which exercise
jurisdiction under the laws of countries or territories outside England
and Wales).”

5Amendments of regimes other than PACE

19 Amendments of regimes other than PACE

Schedule 1 (which amends regimes other than the regime in the Police and
Criminal Evidence Act 1984 amended by sections 1 to 18) has effect.

The Commissioner for the Retention and Use of Biometric Material

20 10Appointment and functions of Commissioner

(1) The Secretary of State must appoint a Commissioner to be known as the
Commissioner for the Retention and Use of Biometric Material (referred to in
this section and section 21 as “the Commissioner”).

(2) It is the function of the Commissioner to keep under review—

(a) 15every national security determination made or renewed under—

(i) section 63M of the Police and Criminal Evidence Act 1984
(section 63D material retained for purposes of national
security),

(ii) paragraph 20E of Schedule 8 to the Terrorism Act 2000
20(paragraph 20A material retained for purposes of national
security),

(iii) section 18B of the Counter-Terrorism Act 2008 (section 18
material retained for purposes of national security),

(iv) paragraph 11 of Schedule 6 to the Terrorism Prevention and
25Investigation Measures Act 2011 (paragraph 6 material retained
for purposes of national security),

(v) section 18G of the Criminal Procedure (Scotland) Act 1995
(certain material retained for purposes of national security), and

(vi) paragraph 7 of Schedule 1 to this Act (material subject to the
30Police and Criminal Evidence (Northern Ireland) Order 1989
retained for purposes of national security),

(b) the uses to which material retained pursuant to a national security
determination is being put.

(3) It is the duty of every person who makes or renews a national security
35determination under a provision mentioned in subsection (2)(a) to—

(a) send to the Commissioner a copy of the determination or renewed
determination, and the reasons for making or renewing the
determination, within 28 days of making or renewing it, and

(b) disclose or provide to the Commissioner such documents and
40information as the Commissioner may require for the purpose of
carrying out the Commissioner’s functions under subsection (2).

(4) If, on reviewing a national security determination made or renewed under a
provision mentioned in subsection (2)(a), the Commissioner concludes that it
is not necessary for any material retained pursuant to the determination to be

so retained, the Commissioner may order the destruction of the material if the
condition in subsection (5) is met.

(5) The condition is that the material retained pursuant to the national security
determination is not otherwise capable of being lawfully retained.

(6) 5The Commissioner also has the function of keeping under review—

(a) the retention and use in accordance with sections 63A and 63D to 63T
of the Police and Criminal Evidence Act 1984 of—

(i) any material to which section 63D or 63R of that Act applies
(fingerprints, DNA profiles and samples), and

(ii) 10any copies of any material to which section 63D of that Act
applies (fingerprints and DNA profiles),

(b) the retention and use in accordance with paragraphs 20A to 20J of
Schedule 8 to the Terrorism Act 2000 of—

(i) any material to which paragraph 20A or 20G of that Schedule
15applies (fingerprints, relevant physical data, DNA profiles and
samples), and

(ii) any copies of any material to which paragraph 20A of that
Schedule applies (fingerprints, relevant physical data and DNA
profiles),

(c) 20the retention and use in accordance with sections 18 to 18E of the
Counter-Terrorism Act 2008 of—

(i) any material to which section 18 of that Act applies
(fingerprints, DNA samples and DNA profiles), and

(ii) any copies of fingerprints or DNA profiles to which section 18
25of that Act applies,

(d) the retention and use in accordance with paragraphs 5 to 14 of Schedule
6 to the Terrorism Prevention and Investigation Measures Act 2011 of—

(i) any material to which paragraph 6 or 12 of that Schedule
applies (fingerprints, relevant physical data, DNA profiles and
30samples), and

(ii) any copies of any material to which paragraph 6 of that
Schedule applies (fingerprints, relevant physical data and DNA
profiles).

(7) But subsection (6) does not apply so far as the retention or use of the material
35falls to be reviewed by virtue of subsection (2).

(8) In relation to Scotland—

(a) the reference in subsection (6)(b) to use of material, or copies of
material, in accordance with paragraphs 20A to 20J of Schedule 8 to the
Terrorism Act 2000 includes a reference to use of material, or copies of
40material, in accordance with section 19C(2)(c) and (d) of the Criminal
Procedure (Scotland) Act 1995, and

(b) the reference in subsection (6)(d) to use of material, or copies of
material, in accordance with paragraphs 5 to 14 of Schedule 6 to the
Terrorism Prevention and Investigation Measures Act 2011 is to be read
45as a reference to use only for a purpose mentioned in paragraph 13(1)(a)
or (b) of that Schedule to that Act.

(9) The Commissioner also has functions under sections 63F(5)(c) and 63G (giving
of consent in relation to the retention of certain section 63D material).

(10) The Commissioner is to hold office in accordance with the terms of the
Commissioner’s appointment; and the Secretary of State may pay in respect of
the Commissioner any expenses, remuneration or allowances that the
Secretary of State may determine.

(11) 5The Secretary of State may, after consultation with the Commissioner, provide
the Commissioner with—

(a) such staff, and

(b) such accommodation, equipment and other facilities,

as the Secretary of State considers necessary for the carrying out of the
10Commissioner’s functions.

21 Reports by Commissioner

(1) The Commissioner must make a report to the Secretary of State about the
carrying out of the Commissioner’s functions as soon as reasonably practicable
after the end of—

(a) 15the period of 9 months beginning when this section comes into force,
and

(b) every subsequent 12 month period.

(2) The Commissioner may also, at any time, make such report to the Secretary of
State on any matter relating to the Commissioner’s functions as the
20Commissioner considers appropriate.

(3) The Secretary of State may at any time require the Commissioner to report on
any matter relating to the Commissioner’s functions.

(4) On receiving a report from the Commissioner under this section, the Secretary
of State must—

(a) 25publish the report, and

(b) lay a copy of the published report before Parliament.

(5) The Secretary of State may, after consultation with the Commissioner, exclude
from publication any part of a report under this section if, in the opinion of the
Secretary of State, the publication of that part would be contrary to the public
30interest or prejudicial to national security.

Other provisions

22 Guidance on making national security determinations

(1) The Secretary of State must give guidance about making or renewing national
security determinations under a provision mentioned in section 20(2)(a).

(2) 35Any person authorised to make or renew any such national security
determination must have regard to any guidance given under this section.

(3) The Secretary of State may give different guidance for different purposes.

(4) In the course of preparing the guidance, or revising guidance already given,
the Secretary of State must consult the Commissioner for the Retention and Use
40of Biometric Material and the Lord Advocate.

(5) Before giving guidance under this section, or revising guidance already given,
the Secretary of State must lay before Parliament—

(a) the proposed guidance or proposed revisions, and

(b) a draft of an order providing for the guidance, or revisions to the
guidance, to come into force.

(6) The Secretary of State must make the order, and issue the guidance or (as the
5case may be) make the revisions to the guidance, if the draft of the order is
approved by a resolution of each House of Parliament.

(7) Guidance, or revisions to guidance, come into force in accordance with an
order under this section.

(8) Such an order—

(a) 10is to be a statutory instrument, and

(b) may contain transitional, transitory or saving provision.

(9) The Secretary of State must publish any guidance given or revised under this
section.

23 Inclusion of DNA profiles on National DNA Database

15After section 63A of the Police and Criminal Evidence Act 1984 insert—

“63AA Inclusion of DNA profiles on National DNA Database

(1) This section applies to a DNA profile which is derived from a DNA
sample and which is retained under any power conferred by any of
sections 63E to 63L (including those sections as applied by section 63P).

(2) 20A DNA profile to which this section applies must be recorded on the
National DNA Database.”

24 National DNA Database Strategy Board

After section 63AA of the Police and Criminal Evidence Act 1984 (for which see
section 23) insert—

“63AB 25 National DNA Database Strategy Board

(1) The Secretary of State must make arrangements for a National DNA
Database Strategy Board to oversee the operation of the National DNA
Database.

(2) The National DNA Database Strategy Board must issue guidance about
30the destruction of DNA profiles which are, or may be, retained under
this Part of this Act.

(3) A chief officer of a police force in England and Wales must act in
accordance with guidance issued under subsection (2).

(4) The National DNA Database Strategy Board may issue guidance about
35the circumstances in which applications may be made to the
Commissioner for the Retention and Use of Biometric Material under
section 63G.

(5) Before issuing any such guidance, the National DNA Database Strategy
Board must consult the Commissioner for the Retention and Use of
40Biometric Material.

(6) The Secretary of State must publish the governance rules of the
National DNA Database Strategy Board and lay a copy of the rules
before Parliament.

(7) The National DNA Database Strategy Board must make an annual
5report to the Secretary of State about the exercise of its functions.

(8) The Secretary of State must publish the report and lay a copy of the
published report before Parliament.

(9) The Secretary of State may exclude from publication any part of the
report if, in the opinion of the Secretary of State, the publication of that
10part would be contrary to the public interest or prejudicial to national
security.”

25 Material taken before commencement

(1) The Secretary of State must by order make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
15with the coming into force of any provision of this Chapter.

(2) The Secretary of State must, in particular, provide for the destruction or
retention of PACE material taken, or (in the case of a DNA profile) derived
from a sample taken, before the commencement day in connection with the
investigation of an offence.

(3) 20Such provision must, in particular, ensure—

(a) in the case of material taken or derived 3 years or more before the
commencement day from a person who—

(i) was arrested for, or charged with, the offence, and

(ii) has not been convicted of the offence,

25the destruction of the material on the coming into force of the order if
the offence was a qualifying offence,

(b) in the case of material taken or derived less than 3 years before the
commencement day from a person who—

(i) was arrested for, or charged with, the offence, and

(ii) 30has not been convicted of the offence,

the destruction of the material within the period of 3 years beginning
with the day on which the material was taken or derived if the offence
was a qualifying offence, and

(c) in the case of material taken or derived before the commencement day
35from a person who—

(i) was arrested for, or charged with, the offence, and

(ii) has not been convicted of the offence,

the destruction of the material on the coming into force of the order if
the offence was an offence other than a qualifying offence.

(4) 40An order under this section may, in particular, provide for exceptions to
provision of the kind mentioned in subsection (3).

(5) Subsection (6) applies if an order under section 113(1) of the Police and
Criminal Evidence Act 1984 (application of that Act to Armed Forces) makes
provision equivalent to sections 63D to 63U of that Act.

(6) 45The power to make an order under section 113(1) of the Act of 1984 includes
the power to make provision of the kind that may be made by an order under