The Act Commentary on Sections Part 1: Regulation of biometric data Section 8: Persons given a penalty notice
94.Section 8 inserts new section 63L into PACE, which provides that, where a person is given a penalty notice under section 2 of the Criminal Justice and Police Act 2001, his or her section 63D material may be retained for two years from the date the material was taken (new section 63L(2)). Where a person opts to be tried for the offence for which the penalty notice was issued, that notice will be disregarded and the rules set out in the previous sections will apply (new section 63L(1)(a)).