The Act Commentary on Sections Part 1: Regulation of biometric data Part 5: Material subject to the Criminal Procedure (Scotland) Act 1995
125.Paragraph 6(3) inserts new section 18G into the Criminal Procedure (Scotland) Act 1995 This provides that where relevant physical data, samples or information derived from samples taken under the powers mentioned in that new section would otherwise need to be destroyed because of the expiry of a time limit set out in the new provisions, if the ‘relevant chief constable’ 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. The relevant chief constable may make further determinations to retain the material, which again have effect for a maximum of two years. ‘Relevant chief constable’ is defined in new section 18G(6) and paragraph 6(2) makes a consequential amendment to the Criminal Procedure (Scotland) Act.