Article 64 Destruction of fingerprints and samples

fingerprints F2, impressions of footwear or samples are taken from a person in connection with the investigation of an offence; and

paragraph (3) does not require them to be destroyed,

the reference to using a fingerprint F4or an impression of footwear includes a reference to allowing any check to be made against it under Article 63A(1) and to disclosing it to any person;

the reference to using a sample includes a reference to allowing any check to be made under Article 63A(1) against it or against information derived from it and to disclosing it or any such information to any person;

the reference to crime includes a reference to any conduct which—

and

the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

fingerprints F6, impressions of footwear or samples are taken from a person in connection with the investigation of an offence; and

that person is not suspected of having committed the offence,

they were taken for the purposes of the investigation of an offence of which a person has been convicted; and

a sample F9, fingerprint or (as the case may be) an impression of footwear was also taken from the convicted person for the purposes of that investigation.

in evidence against the person who is or would be entitled to the destruction of that fingerprint , impression of footwear or sample; or

for the purposes of the investigation of any offence;

that F14fingerprint, impression of footwear or sample need not be destroyed under paragraph (3); and

paragraph (3AB) shall not restrict the use that may be made of the fingerprint , impression of footwear or sample or, in the case of a sample, of any information derived from it;

that consent shall be treated as comprising a consent for the purposes of Article 63A(1C).

any copies of the fingerprints or impressions of footwear shall also be destroyed; and

a person authorised by the Chief Constable to control access to computer data relating to the fingerprints or impressions of footwear shall make access to the data impossible, as soon as it is practicable to do so.

paragraph (5)(b) falls to be complied with; and

the person to whose fingerprints F20or impressions of footwear the data relate asks for a certificate that it has been complied with,

affects any power conferred by paragraph 18(2) of Schedule 2 to the Immigration Act 1971F21 or section 20 of the Immigration and Asylum Act 1999 (c. 33) (disclosure of police information to the Secretary of State for use for immigration purposes);; or

applies to a person arrested or detained under the terrorism provisions F22or under section 27 of the National Security Act 2023.