The Act Commentary on Sections Part 1: Regulation of biometric data Section 5: Persons convicted of a recordable offence
91.Section 5 inserts new section 63I into PACE, which governs the retention period applicable where a person has been convicted of a recordable offence. Where an adult is convicted of a recordable offence, his or her section 63D material may be retained indefinitely (as now). Where a person under the age of 18 is convicted of a recordable offence, if that offence is a qualifying offence his or her fingerprints and DNA profile may also be retained indefinitely (as now). The retention period in respect of a person under 18 convicted of his or her first minor offence is governed by new section 63K of PACE (see section 7).