85. (1) Section 80 or 84 shall not apply to a person if, during the retention period—

(a) proceedings for a relevant offence (“the subsequent relevant offence”) other than the offence in connection with which the sample concerned was taken (from which his or her DNA profile was generated and entered in the reference index of the DNA Database System) have not been instituted against the person, where the failure to institute such proceedings against him or her within the retention period is due to the fact that he or she absconded or could not be found,

(b) proceedings for a relevant offence (“the subsequent relevant offence”) other than the offence in connection with which the sample concerned was taken (from which his or her DNA profile was generated and entered in the reference index of that System) have been instituted against the person, unless—

(i) the person has been acquitted of that relevant offence,

(ii) the charge against the person in respect of that relevant offence has been dismissed under section 4E of the Criminal Procedure Act 1967, or

(iii) the proceedings for that relevant offence have been discontinued,

or

(c) the person has been convicted of another relevant offence (“the subsequent relevant offence”) or sexual offence, unless—

(i) the conviction for that relevant or sexual offence, as the case may be, is quashed, or

(ii) the conviction for that relevant offence or sexual offence, as the case may be, is declared to be a miscarriage of justice under section 2 of the Criminal Procedure Act 1993.

(2) In the circumstances referred to in subsection (1), this Part shall apply in relation to the retention of the DNA profile of the person concerned in the reference index of the DNA Database System by reference to the subsequent relevant offence referred to in paragraph (a), (b) or (c) of that subsection, or the sexual offence referred to in that paragraph (c), as may be appropriate.

(3) In this section references to the retention period shall be construed as references to—

(a) in the case of section 80, the retention period under that section and any extension of that period under an authorisation given under subsection (4), (5), (6)or (8) of section 81, and

(b) in the case of section 84, the retention period within the meaning of that section.