Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

80.

Removal of certain DNA profiles in reference index of DNA Database System from that System in certain circumstances

80. (1) Subject to sections 81 , 85 and 93 , a DNA profile of a person generated from a sample taken from him or her under section 11 , 12 , 13 , 31 or 32 and entered in the reference index of the DNA Database System shall, if not previously removed, be removed from that System in any of the following circumstances not later than the expiration of a period of 3 months from the date on which such circumstances first apply to the person:

(a) in a case where the sample was taken from the person under section 11 , 12 or 13 and proceedings for a relevant offence—

(i) are not instituted against the person within the period of 12 months from the taking of that sample 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) in a case where the sample was taken from the person under section 11 , 12 or 13 and he or she 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 that sample 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) in a case where the sample was taken from the person under section 11 , 12 , 13 , 31 or 32 and, subject to subsection (2), he or she is the subject of an order under section 1(2) of the Probation of Offenders Act 1907 in respect of the relevant offence concerned, or, if appropriate, the sexual offence concerned, in connection with which that sample 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) in a case where the sample was taken from the person under section 11 , 12 , 13 , 31 or 32 and his or her conviction for the relevant offence concerned, or, if appropriate, the sexual offence concerned, in connection with which that sample was taken is quashed; or

(e) in a case where the sample was taken from the person under section 11 , 12 , 13 , 31 or 32 and his or her conviction for the relevant offence concerned, or, if appropriate, the sexual offence concerned, in connection with which that sample 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 the DNA profile of a person that is entered in the reference index of the DNA Database System, means the period from the generation of that DNA profile from the sample concerned taken from the person to the latest date for the removal of that DNA profile from that System under subsection (1).