Justice Bill
Clause 3: Retention of fingerprints and DNA profiles: supplementary
Clause 3 relates to supplementary provisions for the biometrics part of the Bill, and deals with:
- the interaction of the Counter Terrorism and Border Security Act 2019;
- how the retention of material applies to biometric material taken before and after the new provisions of the Bill come into effect;
- transitional arrangements for the implementation of the provisions;
- further review arrangements for the retention of material taken under specific circumstances; and
- a delegated power for the Department of Justice to modify provisons within this section as appropriate.
Clause 3
Retention of fingerprints and DNA profiles: supplementary
3.—(1) Nothing in section 1 or Schedule 1 or 2 affects the operation of Article 63DA of the Police and Criminal Evidence (Northern Ireland) Order 1989, as inserted by paragraph 5(3) of Schedule 2 to the Counter-Terrorism and Border Security Act 2019 (or the operation of Articles 63B to 63R of that Order, as inserted by section 9 of and Schedule 2 to the Criminal Justice Act (Northern Ireland) 2013, so far as they relate to Article 63DA).
(2) The provisions inserted by that section and those Schedules (“the new provisions”) apply in relation to fingerprints and in relation to DNA profiles and DNA samples regardless of when the fingerprints or, as the case may be, DNA sample was taken; but this is subject to subsections (3) to (9).
(3) Subsections (4) and (5) apply where fingerprints were taken, or a DNA sample was taken, before commencement day from a person (“P”) with P’s consent, in connection with the investigation of an offence.
(4) If P was not a suspect in the investigation at the time of the taking of the fingerprints or sample, the material is to be treated as consensual material (and, accordingly, the material may be retained only in accordance with Article 63D).
(5) If P was a suspect in the investigation at the time of the taking of the fingerprints or sample, the material is to be treated as non-consensual material (and, accordingly, P’s material may be retained only in accordance with Articles 63F to 63U).
(6) If fingerprints taken before commencement day are required, by virtue of the new provisions, to be destroyed, the fingerprints (and any copy of them) are not required to be destroyed—
- (a) in the case of fingerprints (or a copy) held in printed form, before the end of the period of 2 years beginning with commencement day;
- (b) in any other case, before the end of the period of 6 months beginning with commencement day.
(7) If—
(a) a DNA sample was taken before commencement day, and
(b) the sample or a DNA profile derived from it is required, by virtue of the new provisions, to be destroyed,
the sample or (as the case may be) the profile is not required to be destroyed before the end of the period of 6 months beginning with commencement day.
(8) In the case of fingerprints or a DNA sample or DNA profile which would, but for subsection (6)(a) or (b) or (7), be required to be destroyed before the end of the period mentioned in that provision, Articles 63G(4) to (6), 63H, 63S and 63W (extension of retention periods) do not apply.
(9) In the case of material taken before commencement day, the first review under Article 63T must be conducted before the end of the period of 4 years beginning with commencement day (and this requirement applies in place of Article 63T(2)(a)).
(10) The Department may by regulations make such further transitional, transitory or saving provision as the Department considers appropriate in connection with the coming into force of this section.
(11) The provision that may be made under subsection (10) includes provision modifying the effect of subsections (3) to (9).
(12) In this section, “commencement day” means the day on which section 1 comes into operation.