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

86.

Date on which sample under section 11, 12, 13, 31 or 32 may be deemed to have been taken in certain circumstances

86. (1) This section applies where a sample (in this section called “the first sample”) is taken from a person—

(a) under section 11 , 12 or 13 while he or she is detained under any of the provisions referred to in section 9(1) for the purposes of the investigation of a relevant offence, or

(b) under section 31 or 32 in connection with a conviction for a relevant offence or a sexual offence,

and a DNA profile in respect of the person is generated from that sample and entered in the reference index of the DNA Database System.

(2) If, in the circumstances referred to in subsection (1) in relation to a person—

(a) but for the taking from him or her of the first sample, a sample may be, but is not, taken from him or her on a date after the first sample was taken (“the subsequent date”)—

(i) under section 11 while the person is detained under any of the provisions referred to in any paragraph of section 9(1) for the purposes of the investigation of a relevant offence other than the offence in connection with which the first sample was taken, or

(ii) under section 31 or 32 in connection with a conviction for a relevant offence or sexual offence other than the offence in connection with which the first sample was taken,

or

(b) an intimate sample or a non-intimate sample taken from the person on a date after the taking of the first sample (“the subsequent date”) for the investigation of a relevant offence other than the offence in connection with which the first sample was taken is not used to generate a DNA profile in respect of the person to be entered in the reference index of the DNA Database System as his or her DNA profile has already been entered in that index,

the first sample shall be deemed to have been taken from him or her on the subsequent date—

(i) for the purposes of the application of subsection (7)or (9)of section 81 to the person, and

(ii) for the purposes of the application of subsection (1) of section 84 to the person so that the retention period under that section shall be—

(I) in the case of a person falling under paragraph (a)of that subsection, the period of 4 years from the subsequent date, or

(II) in the case of a person falling under paragraph (b)of that subsection, the period of 6 years from the subsequent date but only if that period is longer than the retention period under that subsection.

(3) The subsequent date for the purposes of subsection (2)(a) shall be the latest date on which a sample under section 11 , 31 or 32 , as the case may be, may have been taken from the person concerned.