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Terrorism Prevention and Investigation Measures Act 2011

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This is the original version (as it was originally enacted).

Requirement to destroy material

This section has no associated Explanatory Notes

6(1)This paragraph applies to—

(a)fingerprints taken under paragraph 1,

(b)a DNA profile derived from a DNA sample taken under that paragraph,

(c)relevant physical data taken or provided under paragraph 4,

(d)a DNA profile derived from a DNA sample taken under that paragraph.

(2)Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 6 material”) must be destroyed if it appears to the responsible chief officer of police that the taking or providing of the material or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful.

(3)In any other case, paragraph 6 material must be destroyed unless it is retained under a power conferred by paragraph 8, 9 or 11.

(4)Paragraph 6 material that ceases to be retained under a power mentioned in sub-paragraph (3) may continue to be retained under any other such power that applies to it.

(5)Nothing in this paragraph prevents a relevant search from being carried out, in relation to paragraph 6 material, within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

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