76. (1) Subject to section 77 , an intimate sample or a non-intimate sample taken from a person shall, if not previously destroyed, be destroyed in any of the following circumstances not later than the expiration of the period of 3 months from the date on which such circumstances first apply to the person:

(a) where proceedings for a relevant offence—

(i) are not instituted against the person within the period of 12 months from the date of the taking of the sample concerned, and the failure to institute such proceedings within that period is not due to the fact that he or she has absconded or cannot be found, or

(ii) have been instituted and—

(I) the person is acquitted of the relevant offence,

(II) the charge against the person in respect of the relevant offence is dismissed under section 4E of the Criminal Procedure Act 1967, or

(III) the proceedings for the relevant offence are discontinued;

(b) the person is the subject of an order under section 1(1) of the Probation of Offenders Act 1907 in respect of the relevant offence concerned in connection with which the sample concerned was taken and he or she has not been convicted of a relevant offence during the period of 3 years from the making of the order under that Act;

(c) subject to subsection (2), the person is the subject of an order under section 1(2) of the Probation of Offenders Act 1907 in respect of the relevant offence concerned in connection with which the sample concerned was taken and he or she has not been convicted of a relevant offence during the period of 3 years from the making of the order under that Act;

(d) the person’s conviction for the relevant offence concerned in connection with which the sample concerned was taken is quashed;

(e) the person’s conviction for the relevant offence concerned in connection with which the sample concerned was taken is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993.

(2) Subsection (1)(c) shall not apply to an order under section 1(2) of the Probation of Offenders Act 1907 discharged on the appeal of a person against conviction for the relevant offence concerned if on appeal his or her conviction is affirmed.

(3) For the purposes of this section the “retention period”, in relation to an intimate sample or a non-intimate sample, means the period from the taking of the sample concerned from a person to the latest date for the destruction of that sample under subsection (1).