3 Persons arrested for or charged with a qualifying offence
Protection of Freedoms Act 2012 (2012 c 9) | Legislation

3  Persons arrested for or charged with a qualifying offence

After section 63E of the Police and Criminal Evidence Act 1984 (for which see section 2) insert—

“63F Retention of section 63D material: persons arrested for or charged with a qualifying offence

(1)     This section applies to section 63D material which—

(a)     relates to a person who is arrested for, or charged with, a qualifying offence but is not convicted of that offence, and

(b)     was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.

(2)     If the person has previously been convicted of a recordable offence which is not an excluded offence, or is so convicted before the material is required to be destroyed by virtue of this section, the material may be retained indefinitely.

(3)     Otherwise, material falling within subsection (4) or (5) may be retained until the end of the retention period specified in subsection (6).

(4)     Material falls within this subsection if it—

(a)     relates to a person who is charged with a qualifying offence but is not convicted of that offence, and

(b)     was taken (or, in the case of a DNA profile,

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