Commentary on Sections Retention, destruction and use of fingerprints and samples etc Section 16: Material subject to the Criminal Procedure (Scotland) Act 1995
57.Section 16 makes provision for Scotland for the retention and use of relevant physical data or samples (including a DNA profile derived from a DNA sample) taken under section 18(2), (6) or (6A) of the Criminal Procedure (Scotland) Act 1995 (prints, samples etc. in criminal investigations).
58.It provides that, where relevant physical data or samples would otherwise need to be destroyed by virtue of the 1995 Act, a responsible chief constable of police may determine that, for reasons of national security, those fingerprints or DNA profiles may be retained for up to two further years on that basis. It is open to chief constables to make further determinations to retain material where the necessity continues to exist.