{
  "url": "https://openlegislation.uk/protection-of-freedoms-act-2012/section-4",
  "json_url": "https://openlegislation.uk/protection-of-freedoms-act-2012/section-4.json",
  "legislation": "ukpga/2012/9",
  "legislation_title": "Protection of Freedoms Act 2012",
  "legislation_url": "https://openlegislation.uk/protection-of-freedoms-act-2012",
  "path": "section/4",
  "kind": "section",
  "number": "4",
  "heading": "Persons arrested for or charged with a minor offence",
  "text": "After section 63G of the Police and Criminal Evidence Act 1984 (for which see section 3) insert—\n“Retention of section 63D material: persons arrested for or charged with a minor offence\n63H (1) This section applies to section 63D material which—\n(a) relates to a person who—\n(i) is arrested for or charged with a recordable offence other than a qualifying offence,\n(ii) if arrested for or charged with more than one offence arising out of a single course of action, is not also arrested for or charged with a qualifying offence, and\n(iii) is not convicted of the offence or offences in respect of which the person is arrested or charged, and\n(b) was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence or offences in respect of which the person is arrested or charged.\n(2) If the person has previously been convicted of a recordable offence which is not an excluded offence, the material may be retained indefinitely.\n(3) In this section “excluded offence” has the meaning given by section 63F (11).”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 4 in force at 31.10.2013 by S.I. 2013/1814, art. 2(a) (with transitional provisions and savings in S.I. 2013/1813)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2012/9/section/4",
    "retrieved_at": "2026-10-29T09:08:55.374488+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}