Article 13 Retention of samples in certain cases

Article 64 of the 1989 Order (which prescribes the situations in which fingerprints and samples must be destroyed) shall be amended as follows.

In paragraphs (1), (2) and (3), after the words “they must” there shall be inserted the words “, except as provided in paragraph (3A),”.

After paragraph (3), there shall be inserted the following paragraphs—

“(3A)

Samples which are required to be destroyed under paragraph (1), (2) or (3) need not be destroyed if they were taken for the purpose of the same investigation of an offence of which a person from whom one was taken has been convicted, but the information derived from the sample of any person entitled (apart from this paragraph) to is destruction under paragraph (1), (2) or (3) shall not be used—

(a)

in evidence against the person so entitled; or

(b)

for the purposes of any investigation of an offence.

(3B)

Where samples are required to be destroyed under paragraph (1), (2) or (3), and paragraph (3A) does not apply, information derived from the sample of any person entitled to its destruction under paragraph (1), (2) or (3) shall not be used—

(a)

in evidence against the person so entitled; or

(b)

for the purposes of any investigation of an offence.”