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

84.

Removal of DNA profiles in respect of former child offenders from DNA Database System in certain circumstances

84. (1) Subject to sections 85 , 86 and 93 , the DNA profile generated from a sample taken under section 11 , 12 , 13 or 32 and entered in the reference index of the DNA Database System in respect of a person who was a child offender to whom subsection (2) applies shall, if not previously removed, be removed from that System—

(a) within the period of 4 years from the taking of the sample from the person if a sentence other than one of detention was imposed on the person, or

(b) within the period of 6 years from the expiry of the sentence imposed on, or, as the case may be, the end of the notification period in relation to, the person,

in respect of the offence to which that subsection applies (in this section called the “retention period”).

(2) This section applies to a person who was a child offender if the offence in connection with which the sample concerned was taken (from which his or her DNA profile was generated) is an offence other than—

(a) an offence that is triable by the Central Criminal Court, or

(b) an offence, or one of a category of offences, specified in an order made by the Minister under this subsection that are, for the purposes of this subsection, excluded from its application by reason of the nature and seriousness of such an offence or offences.

(3) In this section—

“the end of the notification period”, in relation to a child offender who was a sex offender, means the end of the period for which he or she was subject to the requirements of Part 2 of the Sex Offenders Act 2001;

“the expiry of the sentence”, in relation to a child offender other than a sex offender, has the meaning it has in section 32 .