POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 490
When DNA sample taken from suspected person and results must be destroyed
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 490
When DNA sample taken from suspected person and results must be destroyed
490 When DNA sample taken from suspected person and results must be destroyed
(1) A DNA sample taken from a person suspected of having committed an
indictable offence and the results of a DNA analysis of the sample must be
destroyed within a reasonably practicable time after the end of 1 year from—
(a) if the person’s arrest for the indictable offence is discontinued under
section 376(1) or 379(6) —the day the arrest is discontinued; or
(b) if
the proceeding for the indictable offence is discontinued before a court—the
day the proceeding is discontinued; or
(c) if the person is found not guilty
of the indictable offence, including on appeal—the day the person is found
not guilty of the offence; or
(d) if a proceeding for the indictable offence
is not started within 1 year after the sample is taken—the day the sample is
taken.
(2) Subsection (1) does not apply if—
(a) the person has been
proceeded against for another indictable offence the charge of which has not
been decided; or
(b) the person has been found guilty of another indictable
offence, including an indictable offence dealt with summarily, whether before
or after the commencement of this section; or
(c) the DNA sample and the
results of the DNA analysis of the sample are required for the investigation
of another indictable offence the person is reasonably suspected of having
committed; or
(d) the person is not proceeded against for an indictable
offence because he or she has been found unfit for trial because of mental
illness.
(3) Subsection (1) does not apply if the DNA sample was taken under
a forensic procedure consent and the person has not, under section 454(1) (g)
, limited the purpose for which the sample may be used under the consent.
(4)
Subsection (1) does not apply to a DNA sample taken from a prisoner under
section 487or the results of a DNA analysis of the sample, other than to the
extent subsection (1) (c) applies to the offence for which the person was
imprisoned.
(5) For subsection (1) , the results of a DNA analysis may be
destroyed by deleting any information in QDNA that identifies the person from
whom the DNA sample was taken with the results obtained by analysing the
sample.