ANNEX B:
DNA Profile Retention Periods: Comparison between current rules under PACE, the rules applicable in Scotland, and the rules that would apply under the provisions in the 2010 Act and in Chapter 1 of Part 1 of this Act
| Occurrence | Current System (E&W) | Crime & Security Act 2010 – E&W | Scottish System | Changes under this Act |
|---|---|---|---|---|
* Destruction of DNA profiles and biological samples is available under ‘exceptional circumstances’. This requires an application to the Chief Constable of the relevant police force; removal from the database is then at his/her discretion in accordance with guidelines issued by the Association of Chief Police Officers. | ||||
† In all cases, a speculative search of the DNA and fingerprint databases may be conducted before destruction. | ||||
§ On the basis of arrest – no specific provision for PNDs. | ||||
| ADULT – Conviction – All Crimes | Indefinite | Indefinite | Indefinite | Indefinite |
| ADULT – Charged but not Convicted – Serious Crime | Indefinite* | 6 Years | 3 Years + possible 2-year extension(s) by Court | 3 Years + possible single 2-Year extension by Court |
| ADULT – Arrested but not Charged or Convicted – Serious Crime | Indefinite* | 6 Years | None | Only where authorised by the Commissioner – 3 Years + possible single 2-year extension by Court |
| ADULT – Non Conviction – Minor Crime | Indefinite* | 6 Years | None | None† |
| UNDER 18s – Conviction – Serious Crime | Indefinite | Indefinite | Indefinite | Indefinite |
| UNDER 18s – Conviction – Minor Crime | Indefinite | 1st Conviction – 5 Years; 2nd – Indefinite | Indefinite | 1st Conviction – 5 Years (plus length of any custodial sentence); 2nd Conviction – indefinite |
| UNDER 18s – Charged but not Convicted – Serious Crime | Indefinite* | 3 Years | 3 Years + possible 2-year extension(s) by Court | 3 Years + possible single 2-Year extension by Court |
| UNDER 18s – Arrested but not Charged or Convicted – Serious Crime | Indefinite* | 3 Years | None | Only where authorised by the Commissioner – 3 Years + possible single 2-year extension by Court |
| UNDER 18s – Non Conviction – Minor Crime | Indefinite* | 3 Years | None | None† |
| Penalty Notice for Disorder | Indefinite* | 6 Years§ | 2 Years | 2 Years |
| Terrorist suspects | Indefinite* | 6 Years plus renewable 2-year period(s) on national security grounds | Not covered (reserved matters) | 3 Years plus renewable 2-year period(s) on national security grounds (Commissioner will review all determinations) |
| Biological DNA Samples | Indefinite* | Within six months of sample being taken | As per destruction of profiles | Within six months of sample being taken |
