The Act Commentary on Sections Part 1: Regulation of biometric data Section 4: Persons arrested for or charged with a minor offence
90.Section 4 inserts new section 63H into PACE. Where a person is arrested for or charged with a minor offence (that is, a recordable offence which is not a qualifying offence) and is not subsequently convicted, their section 63D material must be destroyed, unless they have previously been convicted of a recordable offence that is not an ‘excluded offence’ (new section 63H(2)) in which case the material can be retained indefinitely. An excluded offence has the same meaning as in section 3 (new section 63H(3)).