Counter-Terrorism and Border Security Bill

Explanatory Notes

Annex B – Biometric Material Retention Schedule

Biometric retention periods as defined under Part 5 of PACE

Individuals convicted of an offence

Situation

Fingerprint & DNA Retention Period

Adult convicted (including cautions) of any recordable offence

Indefinite

Under 18 convicted (including cautions, reprimands and final warnings) of a qualifying offence

Indefinite

Under 18 convicted of a minor offence

1st conviction: Five years (plus length of any custodial sentence), or indefinite if the custodial sentence is five years or more.

2nd conviction: indefinite

Individuals not convicted of an offence

Situation

Fingerprint & DNA Retention Period

Any age charged with but not convicted of a qualifying offence

Three years + two year extension if granted by District Judge (or indefinite if previously convicted of a recordable offence which is not excluded)

Any age arrested for but not charged with a qualifying offence

Three years if granted by Biometrics Commissioner + two year extension if granted by District Judge (or indefinite if previously convicted or a recordable offence which is not excluded)

Any age arrested for or charged with a minor offence

None (or indefinite if there is a previous conviction for a recordable offence which is not excluded) but speculatively searched against National DNA Database and national fingerprint database

Penalty Notice for Disorder

Two years

Source: National Police Chiefs’ Council, ACRO Criminal Records Office, Retention Schedule

 

Prepared 12th September 2018