Part 7: Other provision about use of, or access to, data Retention of biometric data Section 126: Retention of biometric data and recordable offences
Section 126 makes changes to Part 1 of the Counter-Terrorism Act 2008 (CTA 2008). Section 18A(3) of the CTA 2008 sets out that where an individual has a conviction for a recordable offence their biometric data (fingerprints and DNA profiles) can be retained indefinitely (unless the conviction is exempt). This is consistent with similar provisions in the Police and Criminal Evidence Act 1984 which set out the retention framework for biometric data retained for broader criminal investigations in England and Wales (the relevant provisions of CTA 2008 apply only to biometric data that is retained for the purposes of national security). However, section 18A(3) does not apply to individuals who received their conviction overseas or in Scotland. Section 126 makes changes to the sections 18A and 18E CTA 2008 to enable the indefinite retention of biometric data that relates to an individual who has an overseas conviction that is equivalent to a conviction for a recordable offence (section 18E(1) provides a definition of a recordable offence in either England and Wales or in Northern Ireland).
	Subsection (2) amends section 18A(3) so that it applies to convictions for recordable-equivalent offences as well as for recordable offences.
	Subsection (4) amends section 18E(1) to provide a definition of a recordable-equivalent offence. Recordable-equivalent offences are offences committed other than in England and Wales or Northern Ireland, if the act in question would constitute a recordable offence if it had been committed in England and Wales or Northern Ireland.
	Subsections (5) to (9) make certain amendments to section 18E in connection with the amendment made by subsection (4).
	Subsection (10) inserts new subsection (7A) into section 18E to recognise qualifying-equivalent offences. Section 18A(3) does not allow for the indefinite retention of biometric data of persons who have only one conviction, if they were under the age of 18 when they committed the offence in question. However, this exemption does not apply to "qualifying offences" (section 18E(7) defines this term). The purpose of the amendment made by subsection (10) is to ensure that overseas convictions for offences that correspond to qualifying offences are not exempt for the purposes of section 18A(3).
	Subsections (11) to (13) make provision for retrospective application. Subsection (11) sets out that amendments made by this section also apply retrospectively to biometrics received in the three years before commencement of the section. Subsections (12) and (13) set out that, where a law enforcement authority is holding section 18 material which it received in the three years before the commencement day, they can retain and use the biometric data. However, the effect of subsection (13)(b) is that the authority cannot use the biometric data in criminal proceedings instituted before the commencement day in England and Wales, Northern Ireland or Scotland, or in any criminal proceedings in any other country or territory at any point.
	Section 145 sets out that section 126 comes into force on Royal Assent of the Act.