OpenLegislation

Section 63P Retention of 63D material in connection with different offenceF1F2C1

England and Wales

(1)

Subsection (2) applies if—

(a)

section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) from a person in connection with the investigation of an offence, and

(b)

the person is subsequently arrested for or charged with a different offence, or convicted of or given a penalty notice for a different offence.

(2)

Sections 63E to 63O and sections 63Q and 63T have effect in relation to the material as if the material were also taken (or, in the case of a DNA profile, derived from a sample taken)—

(a)

in connection with the investigation of the offence mentioned in subsection (1)(b),

(b)

on the date on which the person was arrested for that offence (or charged with it or given a penalty notice for it, if the person was not arrested).

Annotations

Textual amendments

F1

S. 63P inserted (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 12, 120 (with s. 97); S.I. 2013/1814, art. 2(a)

F2

S. 63P substituted (13.5.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 145(1), 185(1) (with ss. 21, 33, 42, 58, 75, 93, 145(2)); S.I. 2014/949, art. 3, Sch. para. 13

Modifications

C1

S. 63P 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