Commentary on Sections Retention, destruction and use of fingerprints and samples etc Section 18: Material subject to the Terrorism Act 2000 (Scotland)
63.Section 18 provides for a new regime for the retention, destruction and use of biometric material taken in Scotland under paragraph 20 of Schedule 8 to the Terrorism Act 2000. Paragraph 20 of Schedule 8 currently provides for the retention of biometric material, including fingerprints, DNA samples and DNA profiles taken from persons detained under section 41 of or Schedule 7 to the Terrorism Act 2000 in Scotland. It sets out the purposes for which this material may be used while they are retained, but permits retention without reference to a retention period. Section 18 amends paragraph 20 of Schedule 8 to the Terrorism Act 2000 by substituting for sub-paragraph (3) new sub-paragraphs (3) to (3C) and repealing sub-paragraph (4). It also provides for new paragraphs 20A to 20I, which makes provision for Scotland broadly equivalent to that made for England and Wales and Northern Ireland by section 17.
64.The time limits for retention depend on the age of the person, whether the person has previous convictions and whether the person is detained under section 41 (arrest on suspicion of terrorism) or under Schedule 7 (detention at ports and borders). Where a person is convicted of a recordable offence in England and Wales and Northern Ireland or an offence punishable by imprisonment in Scotland (or where the person already has such a conviction, other than a conviction for a minor offence committed when they were under 18), the material need not be destroyed.
65.Where fingerprints or DNA profiles would otherwise need to be destroyed because of the expiry of a time limit set out in the new provisions, if a chief constable of police determines that it is necessary to retain that material for the purposes of national security, those fingerprints or DNA profiles may be further retained for up to two years (new paragraph 20G). It is open to a chief constable to make further determinations to retain the material, which have effect for a maximum of 2 years. Paragraph 20I covers the use to which retained material may be put: replicating those for England and Wales or Northern Ireland in section 17.