Legalize / United Kingdom / Public General Act

National Security Act 2023

Type Public General Act

Publication 2023-07-11

Last updated 2025-07-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(4) Where a detained person is transferred from one place to another, the person is entitled to exercise the right under this paragraph in respect of the place to which the person is transferred.

Right to consult a solicitor

7

(1) Subject to paragraph 9, a person detained under section 27 in England, Wales or Northern Ireland is entitled, if the person so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time.

(2) Where a request is made under sub-paragraph (1), a record must be made of the request and the time at which it was made.

(3) A detained person must be informed of the right under this paragraph on first being detained.

8

(1) Where a person exercises the right under paragraph 7 to consult a solicitor, a police officer of at least the rank of superintendent may direct that—

(a) the person may not consult the solicitor who attends for the purpose of the consultation, or who would so attend but for the giving of the direction, but

(b) the person may consult a different solicitor of the person’s choosing.

(2) A direction under this paragraph may be given before or after a person’s consultation with a solicitor has started (and if given after it has started, the right to further consult that solicitor ceases on the giving of the direction).

(3) An officer may give a direction under this paragraph only if the officer has reasonable grounds for believing that—

(a) unless the direction is given, the person’s consultation with the solicitor will have any of the consequences specified in sub-paragraph (4), or

(b) the person has benefited from their criminal conduct and that, unless the direction is given, the person’s consultation with the solicitor will hinder the recovery of the value of the property constituting the benefit.

(4) Those consequences are—

(a) interference with or harm to evidence of an indictable offence,

(b) interference with or physical injury to any person,

(c) the alerting of persons who are suspected of having committed an indictable offence but who have not been arrested for it,

(d) the hindering of the recovery of property obtained as a result of an indictable offence,

(e) interference with the gathering of information about a person’s involvement in foreign power threat activity,

(f) making it more difficult, by the alerting of a person, to prevent foreign power threat activity, and

(g) making it more difficult, by the alerting of a person, to secure a person’s apprehension, prosecution or conviction in connection with the person’s involvement in foreign power threat activity.

(5) For the purposes of sub-paragraph (3)(b), the question whether a person has benefited from their criminal conduct is to be decided in accordance with Part 2 or 4 of the Proceeds of Crime Act 2002.

Delay in exercise of rights

9

(1) A police officer of at least the rank of superintendent may authorise a delay—

(a) in informing the person named by a detained person under paragraph 6;

(b) in permitting a detained person to consult a solicitor under paragraph 7.

(2) But the detained person must be permitted to exercise the rights under paragraphs 6 and 7 before the end of the period mentioned in section 27 (3).

(3) An officer may authorise a delay under sub-paragraph (1) only if the officer has reasonable grounds for believing—

(a) in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detained person’s detention will have any of the consequences specified in paragraph 8 (4), or

(b) in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 7 at the time when the detained person desires to exercise it will have any of the consequences specified in paragraph 8 (4).

(4) An officer may also authorise a delay under sub-paragraph (1) if the officer has reasonable grounds for believing that—

(a) the detained person has benefited from their criminal conduct, and

(b) the recovery of the value of the property constituting the benefit will be hindered by—

(i) informing the named person of the detained person’s detention (in the case of an authorisation under sub-paragraph (1)(a)), or

(ii) the detained person’s consultation with a solicitor (in the case of an authorisation under sub-paragraph (1)(b)).

(5) For the purposes of sub-paragraph (4), whether the detained person has benefited from their criminal conduct is to be decided in accordance with Part 2 or 4 of the Proceeds of Crime Act 2002.

(6) Where an officer authorises a delay under sub-paragraph (1) orally, the officer must confirm it in writing as soon as is reasonably practicable.

(7) Where an officer authorises a delay under sub-paragraph (1)—

(a) the detained person must be told the reason for the delay as soon as is reasonably practicable, and

(b) the reason must be recorded as soon as is reasonably practicable.

(8) Where the reason for authorising delay no longer applies, there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1).

Taking of intimate and non-intimate samples

10

(1) This paragraph applies where a person is detained under section 27 in England, Wales or Northern Ireland.

(2) Fingerprints may be taken from the detained person only if they are taken by a constable—

(a) with the appropriate consent given in writing, or

(b) without that consent under sub-paragraph (4).

(3) A non-intimate sample may be taken from the detained person only if it is taken by a constable—

(a) with the appropriate consent given in writing, or

(b) without that consent under sub-paragraph (4).

(4) Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if—

(a) the person is detained at a police station and a police officer of at least the rank of superintendent authorises the fingerprints or sample to be taken (but see sub-paragraphs (6) and (7)), or

(b) the person has been convicted of a recordable offence and, where a non-intimate sample is to be taken, the person was convicted of the offence on or after 10th April 1995 (or 29th July 1996 where the non-intimate sample is to be taken in Northern Ireland).

(5) An intimate sample may be taken from the detained person only if—

(a) the person is detained at a police station,

(b) the appropriate consent is given in writing,

(c) a police officer of at least the rank of superintendent authorises the sample to be taken (but see sub-paragraph (6)), and

(d) subject to paragraph 13 (2) and (3), the sample is taken by a constable.

(6) An officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if—

(a) the officer reasonably suspects that the detained person has been involved in foreign power threat activity, and

(b) the officer reasonably believes that the fingerprints or sample will tend to confirm or disprove the person’s involvement.

(7) An officer may also give an authorisation under sub-paragraph (4)(a) for the taking of fingerprints if—

(a) the officer is satisfied that the detained person’s fingerprints will help determine the person’s identity, and

(b) the person has refused to identify themselves or the officer has reasonable grounds for suspecting that the person is not who they claim to be.

(8) In this paragraph references to determining a person’s identity include showing that the detained person is not a particular person.

(9) If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it must confirm it in writing as soon as is reasonably practicable.

11

(1) Before fingerprints or a sample are taken from a detained person under paragraph 10, the person must be informed—

(a) that the fingerprints or sample may be used for the purposes of—

(i) a relevant search (within the meaning given by paragraph 19 (6)),

(ii) section 63A(1) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), or

(iii) Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (checking of fingerprints and samples), and

(b) where the fingerprints or sample are to be taken under paragraph 10 (2)(a), (3)(a) or (4)(b), of the reason for taking the fingerprints or sample.

(2) Before fingerprints or a sample are taken from a person on an authorisation given under paragraph 10 (4)(a) or (5)(c), the person must be informed—

(a) that the authorisation has been given,

(b) of the grounds upon which it has been given, and

(3) After fingerprints or a sample are taken under paragraph 10, any of the following which apply must be recorded as soon as reasonably practicable—

(a) the fact that the person has been informed in accordance with sub-paragraphs (1) and (2),

(b) the reason referred to in sub-paragraph (1)(b),

(d) the grounds on which that authorisation has been given, and

(e) the fact that the appropriate consent has been given.

12

(1) This paragraph applies where—

(a) two or more non-intimate samples suitable for the same means of analysis have been taken from a detained person under paragraph 10,

(b) those samples have proved insufficient, and

(2) An intimate sample may be taken from the person if—

(a) the appropriate consent is given in writing,

(b) a police officer of at least the rank of superintendent authorises the sample to be taken, and

(3) Paragraphs 10 (6) and (9) and 11 apply in relation to the taking of an intimate sample under this paragraph as if references to a detained person are references to a person who was detained under section 27 when the non-intimate samples mentioned in sub-paragraph (1)(a) were taken.

13

(1) Where appropriate written consent to the taking of an intimate sample from a person under paragraph 10 or 12 is refused without good cause, in any proceedings against that person for an offence—

(a) the court, in determining whether to commit the person for trial or whether there is a case to answer, may draw such inferences from the refusal as appear proper, and

(b) the court or jury, in determining whether that person is guilty of the offence charged, may draw such inferences from the refusal as appear proper.

(2) An intimate sample other than a sample of urine or a dental impression may be taken under paragraph 10 or 12 only by a registered medical practitioner acting on the authority of a constable.

(3) An intimate sample which is a dental impression may be taken under paragraph 10 or 12 only by a registered dentist acting on the authority of a constable.

(4) Where a sample of hair other than pubic hair is to be taken under paragraph 10, the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.

14

(1) In the application of paragraphs 10 to 13 in relation to a person detained in England or Wales, the following expressions have the meaning given by section 65 of the Police and Criminal Evidence Act 1984—

(a) “appropriate consent”,

(b) “fingerprints”,

(d) “intimate sample”,

(e) “non-intimate sample”,

(f) “registered dentist”, and

(g) “sufficient”.

(2) In the application of section 65(2A) of the Police and Criminal Evidence Act 1984 for the purposes of sub-paragraph (1) of this paragraph, the reference to the destruction of a sample under section 63R of that Act is a reference to the destruction of a sample under paragraph 25 of this Schedule.

(3) In the application of paragraphs 10 to 13 in relation to a person detained in Northern Ireland, the expressions listed in sub-paragraph (1) have the meaning given by Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(4) In paragraph 10 “recordable offence”—

(a) in relation to a person detained in England or Wales, has the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, and

(b) in relation to a person detained in Northern Ireland, has the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

Part 3 — Rights of persons detained under section 27: Scotland

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(1) A person detained under section 27 at a place in Scotland is entitled to have intimation of the person’s detention and of the place where the person is being detained sent without delay to a solicitor and to another person named by the detained person.

(2) The person named must be—

(a) a friend of the detained person,

(b) a relative of the detained person, or

(3) Where a detained person is transferred from one place to another, the person is entitled to exercise the right under sub-paragraph (1) in respect of the place to which the person is transferred.

(4) A police officer of at least the rank of superintendent may authorise a delay in making intimation where, in the officer’s view, the delay is necessary on one of the grounds mentioned in paragraph 16 (3) or where paragraph 16 (4) applies.

(5) Where a detained person requests that the intimation be made, a record must be made of the time at which the request was made and complied with.

(6) A person who is detained as mentioned in sub-paragraph (1) is entitled to consult a solicitor at any time, without delay.

(7) A police officer of at least the rank of superintendent may authorise a delay in holding the consultation where, in the officer’s view, the delay is necessary on one of the grounds mentioned in paragraph 16 (3) or where paragraph 16 (4) applies.

(8) The consultation is to be private.

(9) A detained person must be permitted to exercise the rights under this paragraph before the end of the period mentioned in section 27 (3).

(10) A detained person must be informed of the rights under sub-paragraphs (1) and (6) on first being detained.

16

(1) Where a person exercises the right under paragraph 15 (6) to consult a solicitor, a police officer of at least the rank of superintendent may, if it appears to the officer to be necessary on one of the grounds mentioned in sub-paragraph (3), direct that—

(a) the person may not consult the solicitor who attends for the purpose of the consultation, or who would so attend but for the giving of the direction, but

(b) the person may consult a different solicitor of the person’s choosing.

(2) A direction under this paragraph may be given before or after a detained person’s consultation with a solicitor has started (and, if given after it has started, the right to further consult that solicitor ceases on the giving of the direction).

(3) The grounds mentioned in paragraph 15 (4) and (7) and in sub-paragraph (1) are—

(a) that it is in the interests of the investigation or prevention of crime;

(b) that it is in the interests of the apprehension, prosecution or conviction of offenders;

(d) that it will further the operation of Part 2, 3 or 4 of the Proceeds of Crime Act 2002 (confiscation of the proceeds of an offence).

(4) This sub-paragraph applies where an officer mentioned in paragraph 15 (4) or (7) has reasonable grounds for believing that—

(a) the detained person has benefited from their criminal conduct, and

(b) the recovery of the value of the property constituting the benefit will be hindered by—

(i) informing the named person of the detained person’s detention (in the case of an authorisation under paragraph 15 (4)), or

(ii) the exercise of the entitlement under paragraph 15 (6) (in the case of an authorisation under paragraph 15 (7)).

(5) For the purposes of sub-paragraph (4), whether the detained person has benefited from their criminal conduct is to be decided in accordance with Part 3 of the Proceeds of Crime Act 2002.

(6) Where delay is authorised in the exercising of any of the rights mentioned in paragraph 15 (1) and (6)—

(a) if the authorisation is given orally, the person giving it must confirm it in writing as soon as is reasonably practicable,

(b) the detained person must be told the reason for the delay as soon as is reasonably practicable, and

17

(1) Paragraphs 15 and 16 have effect, in relation to a person detained under section 27, in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person.

(2) But, where a person who is detained under section 27 at a place in Scotland appears to a constable to be a child—

(a) the other person named by the person detained in pursuance of paragraph 15 (1) must be that person’s parent,

(b) intimation is to be made under paragraph 15 (1) whether the detained person requests that it be made or not, and

(c) section 40 of the Criminal Justice (Scotland) Act 2016 (asp 1) (right of under 18s to have access to other person) applies as if the detained person were a person in police custody for the purposes of that section.

(3) For the purposes of sub-paragraph (2)—

“child” means a person under 16 years of age;

“parent” includes guardian and any person who has the care of the child mentioned in sub-paragraph (2).

18

(1) Subject to the modifications specified in sub-paragraphs (2) and (3), section 18 of the Criminal Procedure (Scotland) Act 1995 (procedure for taking certain prints and samples) applies to a person detained under section 27 at a police station in Scotland as it applies to a person arrested.

(2) For subsection (2) of section 18 substitute—

(2) Subject to subsection (2A), a constable may take from a detained person or require a detained person to provide relevant physical data only if— (a) the constable reasonably suspects that the person has been involved in foreign power threat activity, and (b) the constable reasonably believes that the relevant physical data will tend to confirm or disprove the person’s involvement. (2A) A constable may also take fingerprints from a detained person or require the person to provide them if— (a) the constable is satisfied that the person’s fingerprints will help determine their identity, and (b) the person has refused to identify themselves or the constable has reasonable grounds for suspecting that the person is not who they claim to be. (2B) In this section references to determining a person’s identity include references to showing that a detained person is not a particular person.

(3) Subsections (3) to (5) of section 18 do not apply.

Part 4 — Dealing with fingerprints and samples etc: United Kingdom

Retention of fingerprints and samples etc: general

19

(1) This paragraph applies to—

(a) fingerprints taken under paragraph 10,

(b) a DNA profile derived from a DNA sample taken under paragraph 10 or 12,

(d) a DNA profile derived from a DNA sample taken or provided by virtue of paragraph 18.

(2) Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 19 material”) must be destroyed if it appears to the responsible chief officer of police that—

(a) the material, or, in the case of a DNA profile, the sample from which the DNA profile was derived, was taken or required to be provided unlawfully, or

(b) the material was taken or provided, or, in the case of a DNA profile, was derived from a sample taken, from a person in connection with that person’s arrest under section 27 and the arrest was unlawful or based on mistaken identity.

(3) In any other case, paragraph 19 material must be destroyed unless it is retained under any power conferred by paragraphs 20 or 22.

(4) Where the retention of paragraph 19 material ceases to be allowed under paragraph 20 or 22, the material may continue to be retained under any other such power which applies to it.

(5) Nothing in this paragraph prevents a relevant search, in relation to paragraph 19 material, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

(6) For the purposes of sub-paragraph (5), a “relevant search” is a search carried out for the purpose of checking the material against—

(a) other fingerprints or samples taken under paragraph 10 or 12, or a DNA profile derived from such samples,

(b) other fingerprints and samples taken under paragraph 1 of Schedule 12, or a DNA profile derived from such samples,

(c) any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984,

(d) any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(e) any of the relevant physical data, samples or information mentioned in section 19C(1) of the Criminal Procedure (Scotland) Act 1995,

(f) any of the fingerprints, data or samples obtained under or by virtue of paragraphs 10 or 12 of Schedule 8 to the Terrorism Act 2000, or information derived from such samples,

(g) any of the relevant physical data, samples or information held by virtue of section 56 of the Criminal Justice (Scotland) Act 2003 (asp 7),

(h) material to which section 18 of the Counter-Terrorism Act 2008 applies,

(i) any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or information derived from such samples, and

(j) any of the fingerprints, data or samples obtained under or by virtue of paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019, or information derived from such samples.

20

(1) This paragraph applies to paragraph 19 material relating to a person who is detained under section 27.

(2) Paragraph 19 material may be retained indefinitely if—

(a) the person has previously been convicted—

(i) of a recordable offence (other than a single exempt conviction), or

(ii) in Scotland, of an offence which is punishable by imprisonment, or

(b) the person is so convicted before the end of the period within which the material may be retained by virtue of this paragraph.

(3) In sub-paragraph (2)—

(a) the reference to a recordable offence includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute—

(i) a recordable offence under the law of England and Wales if done there, or

(ii) a recordable offence under the law of Northern Ireland if done there,

(and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted);

(b) the reference to an offence in Scotland which is punishable by imprisonment includes an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute an offence under the law of Scotland which is punishable by imprisonment if done there (and, in the application of sub-paragraph (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).

(4) Paragraph 19 material may be retained until the end of the retention period specified in sub-paragraph (5) if—

(a) the person has no previous convictions, or

(b) the person has only one exempt conviction.

(5) The retention period is—

(a) in the case of fingerprints or relevant physical data, the period of 3 years beginning with the date on which the fingerprints or relevant physical data were taken or provided, and

(b) in the case of a DNA profile, the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken).

(6) The responsible chief officer of police or a specified chief officer of police may apply to a relevant court for an order extending the retention period.

(7) An application for an order under sub-paragraph (6) must be made within the period of 3 months ending with the last day of the retention period.

(8) An order under sub-paragraph (6) may extend the retention period by a period which—

(a) begins with the date on which the material would otherwise be required to be destroyed under this paragraph, and

(b) ends with the end of the period of 2 years beginning with that date.

(9) The following persons may appeal to the relevant appeal court against an order under sub-paragraph (6) or a refusal to make such an order—

(a) the responsible chief officer of police;

(b) a specified chief officer of police;

(10) In Scotland—

(a) an application for an order under sub-paragraph (6) is to be made by summary application;

(b) an appeal against an order under sub-paragraph (6), or a refusal to make such an order, must be made within 21 days of the relevant court’s decision, and the relevant appeal court’s decision on any such appeal is final.

(11) Nothing in this paragraph prevents the start of a new retention period in relation to paragraph 19 material if a person is detained again under section 27 when an existing retention period (whether or not extended) is still in force in relation to that material.

(12) In this paragraph—

“relevant court” means—in England and Wales, a District Judge (Magistrates’ Courts),in Scotland, the sheriff—in whose sheriffdom the person to whom the material relates resides,in whose sheriffdom that person is believed by the applicant to be, orto whose sheriffdom that person is believed by the applicant to be intending to come, andin Northern Ireland, a district judge (magistrates’ court) in Northern Ireland;

the “relevant appeal court” means—in England and Wales, the Crown Court,in Scotland, the Sheriff Appeal Court, andin Northern Ireland, the County Court;

a “specified chief officer of police” means—in England and Wales—the chief officer of the police force of the area in which the person from whom the material was taken resides, ora chief officer of police who believes that the person is in, or is intending to come to, the chief officer’s police area, andthe chief constable of the Police Service of Scotland, where—the person who provided the material, or from whom it was taken, resides in Scotland, orthe chief constable believes that the person is in, or is intending to come to, Scotland, andthe Chief Constable of the Police Service of Northern Ireland, where—the person from whom the material was taken resides in Northern Ireland, orthe chief constable believes that the person is in, or is intending to come to, Northern Ireland.

21

(1) For the purposes of paragraph 20, a person is to be treated as having been convicted of an offence if—

(a) in relation to a recordable offence in England and Wales or Northern Ireland—

(i) the person has been given a caution or youth caution in respect of the offence which, at the time of the caution, the person has admitted,

(ii) the person has been found not guilty of the offence by reason of insanity, or

(iii) the person has been found to be under a disability and to have done the act charged in respect of the offence,

(b) the person, in relation to an offence in Scotland punishable by imprisonment, has accepted or has been deemed to accept—

(i) a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995,

(ii) a compensation offer under section 302A of that Act,

(iii) a combined offer under section 302B of that Act, or

(iv) a work offer under section 303ZA of that Act,

(c) the person, in relation to an offence in Scotland punishable by imprisonment, has been acquitted on account of the person’s insanity at the time of the offence or (as the case may be) by virtue of section 51A of the Criminal Procedure (Scotland) Act 1995,

(d) a finding in respect of the person has been made under section 55(2) of the Criminal Procedure (Scotland) Act 1995 in relation to an offence in Scotland punishable by imprisonment,

(e) the person, having been given a fixed penalty notice under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) in connection with an offence in Scotland punishable by imprisonment, has paid—

(i) the fixed penalty, or

(ii) (as the case may be) the sum which the person is liable to pay by virtue of section 131(5) of that Act, or

(f) the person, in relation to an offence in Scotland punishable by imprisonment, has been discharged absolutely by order under section 246(3) of the Criminal Procedure (Scotland) Act 1995.

(2) Paragraph 20 and this paragraph, so far as they relate to persons convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)).

(3) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 or 101A of the Protection of Freedoms Act 2012.

(4) For the purposes of paragraph 20—

(a) a person has no previous convictions if the person has not previously been convicted—

(i) in England and Wales or Northern Ireland of a recordable offence, or

(ii) in Scotland of an offence which is punishable by imprisonment, and

(b) if the person has previously been convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the person was under 18 years of age.

(5) In sub-paragraph (4) “qualifying offence”—

(a) in relation to a conviction in respect of a recordable offence committed in England and Wales, has the meaning given by section 65A of the Police and Criminal Evidence Act 1984, and

(b) in relation to a conviction in respect of a recordable offence committed in Northern Ireland, has the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(6) For the purposes of sub-paragraph (4)—

(a) a person is to be treated as having previously been convicted in England and Wales of a recordable offence if—

(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii) the act constituting the offence would constitute a recordable offence under the law of England and Wales if done there (whether or not it constituted such an offence when the person was convicted);

(b) a person is to be treated as having previously been convicted in Northern Ireland of a recordable offence if—

(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii) the act constituting the offence would constitute a recordable offence under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted);

(c) a person is to be treated as having previously been convicted in Scotland of an offence which is punishable by imprisonment if—

(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii) the act constituting the offence would constitute an offence punishable by imprisonment under the law of Scotland if done there (whether or not it constituted such an offence when the person was convicted);

(d) the reference in sub-paragraph (4)(b) to a qualifying offence includes a reference to an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute a qualifying offence under the law of England and Wales if done there or (as the case may be) under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted).

(7) For the purposes ofparagraph 20and this paragraph—

(a) “offence”, in relation to any country or territory outside the United Kingdom, includes an act punishable under the law of that country or territory, however it is described;

(b) a person has in particular been convicted of an offence under the law of a country or territory outside the United Kingdom if—

(i) a court exercising jurisdiction under the law of that country or territory has made in respect of such an offence a finding equivalent to a finding that the person is not guilty by reason of insanity, or

(ii) such a court has made in respect of such an offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence.

(8) If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under paragraph 20 whether the person has been convicted of only one offence.

Modern Slavery Act 2015 (c. 30)

22

(1) Paragraph 19 material may be retained for as long as a national security determination made by a chief officer of police has effect in relation to the material.

(2) A national security determination is made if a chief officer of police determines that it is necessary for any paragraph 19 material to be retained for the purposes of national security.

(3) A national security determination—

(a) must be made in writing,

(b) has effect for a maximum of 5 years beginning with the date on which the determination is made, and

(4) In this paragraph “chief officer of police” means—

(a) a chief officer of police of a police force in England and Wales,

(b) the chief constable of the Police Service of Scotland,

(d) the Chief Constable of the Ministry of Defence Police,

(e) the Chief Constable of the British Transport Police Force, or

(f) the Director General of the National Crime Agency.

Fingerprints and relevant physical data: further provision

23

(1) This paragraph applies where paragraph 19 material is or includes a person’s fingerprints (“the original fingerprints”).

(2) A constable may make a determination under this paragraph in respect of any further fingerprints taken from, or provided by, the same person (“the further fingerprints”) if conditions 1 and 2 are met.

(3) Condition 1 is met if the further fingerprints—

(a) are paragraph 19 material,

(b) are taken or provided under or by virtue of—

(i) paragraph 1 or 4 of Schedule 12,

(ii) Part 5 of the Police and Criminal Evidence Act 1984,

(iii) Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(iv) any provision, power or authority mentioned in section 18G(1) of the Criminal Procedure (Scotland) Act 1995,

(v) paragraph 10 of Schedule 8 to the Terrorism Act 2000,

(vi) paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or

(vii) paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019, or

(4) Condition 2 is met if—

(a) in a case where the further fingerprints are material to which section 18 of the Counter-Terrorism Act 2008 applies, the original fingerprints and the further fingerprints are held under the law of the same part of the United Kingdom;

(b) in any other case, the original fingerprints and the further fingerprints were taken from or provided by the person in the same part of the United Kingdom.

(5) Where a determination under this paragraph is made in respect of the further fingerprints—

(a) the further fingerprints may be retained for as long as the original fingerprints are retained under any power conferred by paragraph 20 or 22, and

(b) a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).

(6) Sub-paragraph (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.

(7) Any determination under this paragraph must be recorded in writing.

24

(1) If fingerprints or relevant physical data are required by paragraph 19 to be destroyed, any copies of the fingerprints or relevant physical data held by a police force must also be destroyed.

(2) If a DNA profile is required by that paragraph to be destroyed, no copy may be retained by a police force except in a form which does not include information which identifies the person to whom the DNA profile relates.

Samples: further provision

25

(1) This paragraph applies to—

(a) samples taken under paragraph 10 or 12, or

(b) samples taken or provided by virtue of paragraph 18.

(2) Samples to which this paragraph applies must be destroyed if it appears to the responsible chief officer of police that—

(a) the sample was taken or required to be provided unlawfully, or

(b) the sample was taken from, or provided by, a person in connection with that person’s arrest under section 27 and the arrest was unlawful or based on mistaken identity.

(3) Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5) applies.

(4) A DNA sample to which this paragraph applies must be destroyed—

(a) as soon as a DNA profile has been derived from the sample, or

(b) if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken.

(5) Any other sample to which this paragraph applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken.

(6) The responsible chief officer of police may apply to a relevant court for an order to retain a sample to which this paragraph applies beyond the date on which the sample would otherwise be required to be destroyed by virtue of sub-paragraph (4) or (5) if—

(a) the sample was taken from a detained person in connection with the investigation of a qualifying offence, and

(b) the responsible chief officer of police considers that the condition in sub-paragraph (7) is met.

(7) The condition is that, having regard to the nature and complexity of other material that is evidence in relation to the offence, the sample is likely to be needed in any proceedings for the offence for the purposes of—

(a) disclosure to, or use by, a defendant, or

(b) responding to any challenge by a defendant in respect of the admissibility of material that is evidence on which the prosecution proposes to rely.

(8) An application under sub-paragraph (6) must be made before the date on which the sample would otherwise be required to be destroyed by virtue of sub-paragraph (4) or (5).

(9) If, on an application made by the responsible chief officer of police under sub-paragraph (6), the relevant court is satisfied that the condition in sub-paragraph (7) is met, it may make an order under this sub-paragraph which—

(a) allows the sample to be retained for a period of 12 months beginning with the date on which the sample would otherwise be required to be destroyed by virtue of sub-paragraph (4) or (5), and

(b) may be renewed (on one or more occasions) for a further period of not more than 12 months from the end of the period when the order would otherwise cease to have effect.

(10) An application for an order under sub-paragraph (9) (other than an application for renewal)—

(a) may be made without notice of the application having been given to the person from whom the sample was taken, and

(b) may be heard and determined in private in the absence of that person.

(11) In Scotland, an application for an order under sub-paragraph (9) (including an application for renewal) is to be made by summary application.

(12) A sample retained by virtue of an order under sub-paragraph (9) must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.

(13) A sample must be destroyed if retention of the sample by virtue of an order under sub-paragraph (9) ceases to be allowed.

(14) Nothing in this paragraph prevents a relevant search, in relation to samples to which this paragraph applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

(15) In this paragraph—

“ancillary offence”, in relation to an offence, means any of the following—being art and part in the commission of the offence;inciting a person to commit the offence;attempting or conspiring to commit the offence;

“qualifying offence”—in relation to the investigation of an offence committed in England and Wales, has the meaning given by section 65A of the Police and Criminal Evidence Act 1984,in relation to the investigation of an offence committed in Scotland, means a relevant offence, an offence listed in section 33 (3)(a), or an ancillary offence in relation to such an offence, andin relation to the investigation of an offence committed in Northern Ireland, has the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

“relevant court” means—in England and Wales, a District Judge (Magistrates’ Courts),in Scotland, the sheriff—in whose sheriffdom the person to whom the sample relates resides,in whose sheriffdom that person is believed by the responsible chief officer of police to be, orto whose sheriffdom that person is believed by the responsible chief officer of police to be intending to come, andin Northern Ireland, a district judge (magistrates’ court) in Northern Ireland;

“relevant offence” has the same meaning as in section 19A of the Criminal Procedure (Scotland) Act 1995;

“relevant search” has the meaning given by paragraph 19 (6).

Restrictions on use of retained material

26

(1) Any material to which paragraph 19 or 25 applies must not be used other than—

(a) in the interests of national security,

(b) for the purposes of investigating foreign power threat activity,

(d) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

(e) for purposes related to the identification of a deceased person or of the person to whom the material relates.

(2) Subject to sub-paragraph (1), a relevant search (within the meaning given by paragraph 19 (6)) may be carried out in relation to material to which paragraph 19 or 25 applies if the responsible chief officer of police considers the search to be desirable.

(3) Material which is required by paragraph 19 or 25 to be destroyed must not at any time after it is required to be destroyed be used—

(a) in evidence against the person to whom the material relates, or

(b) for the purposes of the investigation of any offence.

(4) In this paragraph—

(a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,

(b) the reference to crime includes a reference to any conduct which—

(i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and

(c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

(5) Sub-paragraphs (1), (2) and (4) do not form part of the law of Scotland (but see instead section 19C of the Criminal Procedure (Scotland) Act 1995 (use of samples etc) (as amended by Schedule 18).

Material disclosable in connection with a criminal investigation

27

(1) Paragraphs 19 to 26 do not apply to material relating to a detained person which is, or may become, disclosable under—

(a) the Criminal Procedure and Investigations Act 1996, or

(b) a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act.

(2) A sample that—

(a) falls within sub-paragraph (1), and

(b) but for that sub-paragraph would be required to be destroyed under paragraph 25,

must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken.

(3) A sample that once fell within sub-paragraph (1) but no longer does, and so becomes a sample to which paragraph 25 applies, must be destroyed immediately if the time specified for its destruction under that paragraph has already passed.

Interpretation

28

(1) In paragraphs 19 to 27—

“DNA profile” means any information derived from a DNA sample;

“DNA sample” means any material that has come from a human body and consists of or includes human cells;

“fingerprints” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984 or, in Northern Ireland, Article 53(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12));

“paragraph 19 material” has the meaning given by paragraph 19 (2);

“police force” means any of the following—the metropolitan police force;a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);the City of London police force;the Police Service of Scotland;the Scottish Police Authority;the Police Service of Northern Ireland;the Police Service of Northern Ireland Reserve;the Ministry of Defence Police;the National Crime Agency;the British Transport Police Force;

“recordable offence”—in relation to a conviction in England and Wales, has the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, andin relation to a conviction in Northern Ireland, has the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

“relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995;

“responsible chief officer of police” means—in relation to fingerprints or samples taken by a constable of the Ministry of Defence Police, or a DNA profile derived from a sample so taken, the Chief Constable of the Ministry of Defence Police;in relation to fingerprints or samples taken by a constable of the British Transport Police Force, or a DNA profile derived from a sample so taken, the Chief Constable of the British Transport Police Force;in relation to fingerprints or samples taken by a constable who is a National Crime Agency officer, or a DNA profile derived from a sample so taken, the Director General of the National Crime Agency;otherwise—in relation to fingerprints or samples taken in England or Wales, or a DNA profile derived from a sample so taken, the chief officer of police for the relevant police area;in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken, the chief constable of the Police Service of Scotland;in relation to fingerprints or samples taken in Northern Ireland, or a DNA profile derived from a sample so taken, the Chief Constable of the Police Service of Northern Ireland.

(2) In the definition of “responsible chief officer of police” in sub-paragraph (1), in paragraph (d)(i), “relevant police area” means the police area—

(a) in which the material concerned was taken, or

(b) in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken.

Part 5 — Review of detention under section 27

Requirement

29

(1) A person’s detention must be periodically reviewed by a review officer.

(2) The first review must be carried out as soon as is reasonably practicable after the time of the person’s arrest.

(3) Subsequent reviews must be carried out at intervals of not more than 12 hours.

This is subject to paragraph 30.

(4) A person’s detention may not be reviewed after a warrant has been issued under Part 6 of this Schedule extending the detention period.

Postponement

30

(1) A review may be postponed if, at the latest time at which it may be carried out in accordance with paragraph 29—

(a) the detained person is being questioned by a constable and the review officer is satisfied that an interruption of the questioning to carry out the review would prejudice the investigation in connection with which the person is being detained,

(b) no review officer is readily available, or

(2) Where a review is postponed it must be carried out as soon as is reasonably practicable.

(3) For the purposes of ascertaining the time within which the next review is to be carried out, a postponed review is to be treated as if it were carried out at the latest time at which it could have been carried out in accordance with paragraph 29.

Grounds for continued detention

31

(1) A review officer may authorise a person’s continued detention only if satisfied that it is necessary—

(a) to obtain relevant evidence, whether by questioning the person or otherwise,

(b) to preserve relevant evidence,

(d) pending the result of any examination or analysis which is being carried out, or which is to be carried out, with a view to obtaining relevant evidence,

(e) pending a decision whether to apply to the Secretary of State for a deportation notice to be served on the person,

(f) pending the making of an application to the Secretary of State for a deportation notice to be served on the person,

(g) pending consideration by the Secretary of State of whether to serve a deportation notice on the person, or

(h) pending a decision as to whether the person should be charged with an offence.

(2) The review officer may not authorise continued detention by virtue of sub-paragraph (1)(a) to (d) unless satisfied that the investigation in connection with which the person is detained is being conducted diligently and expeditiously.

(3) The review officer may not authorise continued detention by virtue of sub-paragraph (1)(e) to (h) unless satisfied that the process pending the completion of which detention is necessary is being conducted diligently and expeditiously.

(4) In this paragraph “relevant evidence” means evidence which relates to the detained person’s involvement in foreign power threat activity.

(5) In sub-paragraph (1) “deportation notice” means notice of a decision to make a deportation order under the Immigration Act 1971.

Review officer

32

(1) The review officer must be an officer who has not been directly involved in the investigation in connection with which the person is detained.

(2) In the case of a review carried out within the period of 24 hours beginning with the time of arrest, the review officer must be an officer of at least the rank of inspector.

(3) In the case of any other review, the review officer must be an officer of at least the rank of superintendent.

33

(1) This paragraph applies where—

(a) the review officer is of a rank lower than superintendent,

(b) an officer of higher rank than the review officer gives directions relating to the detained person, and

(c) those directions are at variance with the performance by the review officer of a duty imposed on the review officer under this Schedule.

(2) The review officer must refer the matter at once to an officer of at least the rank of superintendent.

Representations

34

(1) Before determining whether to authorise a person’s continued detention, a review officer must give either of the following persons an opportunity to make representations about the detention—

(a) the detained person, or

(b) a solicitor representing the detained person who is available at the time of the review.

(2) Representations may be oral or written.

(3) A review officer may refuse to hear oral representations from the detained person if the officer considers that the person is unfit to make representations because of the person’s condition or behaviour.

Rights

35

(1) A review officer who authorises continued detention must inform the detained person—

(a) of any rights under paragraphs 6 and 7 which the person has not yet exercised, and

(b) of any delay to the exercise of any of the person’s rights which has been authorised in accordance with paragraph 9.

(2) Where a review of a person’s detention is being carried out at a time when the person’s exercise of a right under paragraph 6 or 7 is being delayed, the review officer must—

(a) consider whether the reason or reasons for which the delay was authorised continue to apply, and

(b) if, in the review officer’s opinion, the reason or reasons have ceased to apply, inform the officer who authorised the delay of that opinion (unless the delay was authorised by the review officer).

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