Section 127(5)

After subsection (6) insert— Section 18 material which is not a DNA sample may be retained indefinitely by a law enforcement authority if— the authority obtains or acquires the material directly or indirectly from an overseas law enforcement authority, the authority obtains or acquires the material in a form which includes information which identifies the person to whom the material relates, 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 having taken those steps, the law enforcement authority continues to hold the material in a pseudonymised form. In a case where section 18 material is being retained by a law enforcement authority under subsection (7), if— the material may be retained by the law enforcement authority until the end of the retention period specified in subsection (9). the law enforcement authority ceases to hold the material in a pseudonymised form, and the material relates to a person who has no previous convictions or only one exempt conviction, 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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Source: legislation.gov.uk · retrieved 2026-09-04