OpenLegislation

Paragraph 14

United Kingdom

In this Schedule—

  • “DNA profile” means any information derived from a DNA sample;

  • “DNA sample” means any material that has come from a human body and consists of or includes human cells;

  • “fingerprints” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984;

  • “non-intimate sample” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984;

  • “paragraph 6 material” has the meaning given by paragraph 6(2);

  • “police force” means any of the following—

    1. (a)

      the metropolitan police force;

    2. (b)

      a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

    3. (c)

      the City of London police force;

    4. (d)

      F1the Police Service of Scotland;

    5. (e)

      F2...

    6. (f)

      the Police Service of Northern Ireland;

    7. (g)

      the Police Service of Northern Ireland Reserve;

    8. (h)

      the Ministry of Defence Police;

    9. (i)

      the Royal Navy Police;

    10. (j)

      the Royal Military Police;

    11. (k)

      the Royal Air Force Police;

    12. (l)

      the British Transport Police;

    F3and references to a police force are to be read as including the tri-service serious crime unit;

  • “recordable offence” has—

    1. (a)

      in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, and

    2. (b)

      in relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

  • “relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995;

  • “relevant search” means a search carried out for the purpose of checking any fingerprints, samples, data or information against any of the fingerprints, samples, data or information mentioned in paragraph 5(a) to (h);

  • “responsible chief officer of police” means, in relation to fingerprints or samples taken in England or Wales, or a DNA profile derived from a sample so taken, the chief officer of police for the police area—

    1. (a)

      in which the material concerned was taken, or

    2. (b)

      in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken;

  • “responsible chief officer of police” means, in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken, the chief constable of the F4Police Service of Scotland;

  • “responsible chief officer of police” means, in relation to fingerprints or samples taken in Northern Ireland, or a DNA profile derived from a sample so taken, the Chief Constable of the Police Service of Northern Ireland;

  • “sufficient” and “insufficient”, in relation to a sample, have the same meaning as in Part 5 of the Police and Criminal Evidence Act 1984 (see section 65(1) and (2) of that Act).

  • F5“tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.

Annotations

Textual amendments

F1

Words in Sch. 6 para. 14 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 64(3)(a)(i)

F2

Words in Sch. 6 para. 14 omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 64(3)(a)(ii)

F3

Words in Sch. 6 para. 14 inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 42(a); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F4

Words in Sch. 6 para. 14 substituted (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) , art. 1(2) , Sch. 2 para. 64(3)(b)

F5

Words in Sch. 6 para. 14 inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 42(b); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

Notes on Interpretation

Textual amendments

F1

Word in Sch. 6 para. 10(1)(a)(ii) inserted (8.4.2013) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 24 para. 32(a) (with s. 135(4)); S.I. 2013/453, art. 4(f)