Section 64 of the Police and Criminal Evidence Act 1984 (which prescribes the situations in which fingerprints and samples must be destroyed) shall be amended as follows.
In subsections (1), (2) and (3), after the words “they must” there shall be inserted the words “, except as provided in subsection (3A) below,”.
After subsection (3), there shall be inserted the following subsections—
(3A)Samples which are required to be destroyed under subsection (1), (2) or (3) above need not be destroyed if they were taken for the purpose of the same investigation of an offence of which a person from whom one was taken has been convicted, but the information derived from the sample of any person entitled (apart from this subsection) to its destruction under subsection (1), (2) or (3) above shall not be used— (a) in evidence against the person so entitled; or (b) for the purposes of any investigation of an offence. (3B) Where samples are required to be destroyed under subsections (1), (2) or (3) above, and subsection (3A) above does not apply, information derived from the sample of any person entitled to its destruction under subsection (1), (2) or (3) above shall not be used— (a) in evidence against the person so entitled; or (b) for the purposes of any investigation of an offence.