Counter-Terrorism Act 2008
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Change 1
18A Retention of material: general
(1) Section 18 material which is not a DNA sample and relates to a person who has no previous convictions or only one exempt conviction may be retained by the law enforcement authority until the end of the retention period specified in subsection (2), but this is subject to subsections (4) to (9). (2) The retention period is— (a) in the case of fingerprints, the period of 3 years beginning with the date on which the fingerprints were taken, and (b) in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken). (3) Section 18 material which is not a DNA sample and relates to a person who has previously been convicted of a recordable offence or recordable-equivalent offence (other than a single exempt conviction), or is so convicted before the material is required to be destroyed by virtue of this section, may be retained indefinitely. (4) Section 18 material which is not a DNA sample may be retained indefinitely if— (a) it is held by the law enforcement authority in a form which does not include information which identifies the person to whom the material relates (a “pseudonymised form”), and (b) the law enforcement authority does not know, and has never known, the identity of the person to whom the material relates. (5) In a case where section 18 material is being retained by a law enforcement authority under subsection (4), if— (a) the law enforcement authority comes to know the identity of the person to whom the material relates, and (b) the material relates to a person who has no previous convictions or only one exempt conviction, the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (6). (6) The retention period is the period of 3 years beginning with the date on which the identity of the person to whom the material relates comes to be known by the law enforcement authority. (7) Section 18 material which is not a DNA sample may be retained indefinitely by a law enforcement authority if— (a) the authority obtains or acquires the material directly or indirectly from an overseas law enforcement authority, (b) the authority obtains or acquires the material in a form which includes information which identifies the person to whom the material relates, (c) as soon as reasonably practicable after obtaining or acquiring the material, the authority takes the steps necessary for it to hold the material in a pseudonymised form, and (d) having taken those steps, the law enforcement authority continues to hold the material in a pseudonymised form. (8) In a case where section 18 material is being retained by a law enforcement authority under subsection (7), if— (a) the law enforcement authority ceases to hold the material in a pseudonymised form, and (b) the material relates to a person who has no previous convictions or only one exempt conviction, the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (9). (9) The retention period is the period of 3 years beginning with the date on which the law enforcement authority first ceases to hold the material in a pseudonymised form.
18A Retention of material: general
(1) Section 18 material which is not a DNA sample and relates to a person who has no previous convictions or only one exempt conviction may be retained by the law enforcement authority until the end of the retention period specified in subsection (2), but this is subject to subsections (4) to (9). (2) The retention period is— (a) in the case of fingerprints, the period of 3 years beginning with the date on which the fingerprints were taken, and (b) in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken). (3) Section 18 material which is not a DNA sample and relates to a person who has previously been convicted of a recordable offence or recordable-equivalent offence (other than a single exempt conviction), or is so convicted before the material is required to be destroyed by virtue of this section, may be retained indefinitely. (4) Section 18 material which is not a DNA sample may be retained indefinitely if— (a) it is held by the law enforcement authority in a form which does not include information which identifies the person to whom the material relates (a “pseudonymised form”), and (b) the law enforcement authority does not know, and has never known, the identity of the person to whom the material relates. (5) In a case where section 18 material is being retained by a law enforcement authority under subsection (4), if— (a) the law enforcement authority comes to know the identity of the person to whom the material relates, and (b) the material relates to a person who has no previous convictions or only one exempt conviction, the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (6). (6) The retention period is the period of 3 years beginning with the date on which the identity of the person to whom the material relates comes to be known by the law enforcement authority. (7) Section 18 material which is not a DNA sample may be retained indefinitely by a law enforcement authority if— (a) the authority obtains or acquires the material directly or indirectly from an overseas law enforcement authority, (b) the authority obtains or acquires the material in a form which includes information which identifies the person to whom the material relates, (c) as soon as reasonably practicable after obtaining or acquiring the material, the authority takes the steps necessary for it to hold the material in a pseudonymised form, and (d) having taken those steps, the law enforcement authority continues to hold the material in a pseudonymised form. (8) In a case where section 18 material is being retained by a law enforcement authority under subsection (7), if— (a) the law enforcement authority ceases to hold the material in a pseudonymised form, and (b) the material relates to a person who has no previous convictions or only one exempt conviction, the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (9). (9) The retention period is the period of 3 years beginning with the date on which the law enforcement authority first ceases to hold the material in a pseudonymised form.
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