Rule 47.42 When this Section appliesI1

England and Wales

This Section applies where—

(a)

a magistrates’ court consisting of a District Judge (Magistrates’ Court) can make an order under—

(i)

section 63F(7) or 63R(6) of the Police and Criminal Evidence Act 1984^f1,

(ii)

paragraph 20B(5) or 20G(6) of Schedule 8 to the Terrorism Act 2000^f2, or

(iii)

paragraph 20(6) or 25(9) of Schedule 6 to the National Security Act 2023^f3; and

(b)

the Crown Court can determine an appeal under—

(i)

section 63F(10) of the Police and Criminal Evidence Act 1984,

(ii)

paragraph 20B(8) of Schedule 8 to the Terrorism Act 2000, or

(iii)

paragraph 20(9) of Schedule 6 to the National Security Act 2023.

[Note. Under the Police and Criminal Evidence Act 1984, under the Terrorism Act 2000 or under the National Security Act 2023, an order may be made extending the period during which fingerprints, DNA profiles or samples may be retained by the police.]

Annotations

Commencement

I1: Rule 47.42 in force at 6.10.2025, see Preamble

Footnotes

f1: 1984 c. 60; section 63D was inserted by section 1 of the Protection of Freedoms Act 2012 (c. 9). Section 63R was inserted by section 14 of that Act.
f2: 2000 c. 11; paragraph 20B of Schedule 8 was inserted by section 19 of, and paragraph 1 of Schedule 1 to, the Protection of Freedoms Act 2012 (c. 9) and amended by section 181 of, and paragraph 125 of Schedule 11 to, the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12). Paragraph 20G of Schedule 8 was inserted by section 19 of, and paragraph 1 of Schedule 1 to, the Protection of Freedoms Act 2012 (c. 9).
f3: 2023 c. 32.

Notes on Part 47

Textual amendments

F1: Words in Pt. 47 Table of Contents omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)