OpenLegislation

Section 63J Retention of material: persons convicted of an offence outside England and Wales: other casesF1F2C1

England and Wales

(1)

This section applies to material falling within subsection (2) relating to a person who is convicted of an offence under the law of any country or territory outside England and Wales.

(2)

Material falls within this subsection if it is—

(a)

fingerprints taken from the person under section 61(6D) (power to take fingerprints without consent in relation to offences outside England and Wales), or

(b)

a DNA profile derived from a DNA sample taken from the person under section 62(2A) or 63(3E) (powers to take intimate and non-intimate samples in relation to offences outside England and Wales).

(3)

The material may be retained indefinitely.

Annotations

Textual amendments

F1

S. 63J inserted (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 6, 120 (with s. 97); S.I. 2013/1814, art. 2(a)

F2

Words in s. 63J inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 70(7), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 20 (with reg. 6)

Modifications

C1

S. 63J applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)

Notes on Part V

Modifications

C1

Pt. V incorporated (16.5.2008) by The London Gateway Port Harbour Empowerment Order 2008 (S.I. 2008/1261), art. 52