Police powers Retention of biometric material
The Protection of Freedoms Act 2012 ("the 2012 Act") established a new regime to govern the retention and use by the police in England and Wales of DNA samples, DNA profiles and fingerprints. The 2012 Act created a similar regime, applicable across the whole of the UK, to govern the retention and use of biometric material taken from those detained under the Terrorism Act 2000 ("TACT"). The 2012 Act also created the role of Commissioner for the Retention and Use of Biometric Material (the "Biometrics Commissioner"). The current retention schedule, which sets our biometric retention periods in different situations, is at annex H.
	At present DNA profiles and fingerprints of those arrested under PACE can be retained on the basis of convictions for any recordable offence in England and Wales. But this material can currently be retained on the basis of convictions outside of England and Wales in limited circumstances only. Firstly, the conviction must be for one of a number of 'qualifying' offences (in broad terms these are mainly serious sexual and violent offences), which means that if a person has a conviction elsewhere for a non-qualifying recordable offence, such as theft, then their DNA and fingerprints cannot be retained. Secondly, even where the person has a conviction for a qualifying offence, their DNA and fingerprints must have been taken specifically in relation to that conviction, rather than it being possible to retain DNA and fingerprints taken on arrest for a different offence (which is the case in relation to England and Wales offences). It is likely there are significant numbers of arrested persons with convictions outside of England and Wales whose DNA and fingerprints either cannot be retained, or can be retained only after an unnecessary re-arrest and re-sampling. This makes it harder to solve crimes in which such persons may be involved and is also more onerous on individuals in terms of the need for additional sampling This issue has been highlighted by the Biometrics Commissioner, who recommended in his 2015 Annual Report (paragraphs 68 to 75) that "It is in my view desirable that the legislative change which is required in this connection should be made as soon as is reasonably possible."
	Chapter 2 of Part 4 gives effect to this recommendation by extending the existing rules on retention of DNA and fingerprints of those with convictions in England and Wales to those with convictions elsewhere.
	At present DNA profiles and fingerprints of those detained under Schedule 8 to TACT (which governs the detention of those arrested on suspicion of being a terrorist under section 41 of that Act, and those detained under Schedule 7, which contains powers to question people to determine whether they are terrorists) can be retained indefinitely where the person has a conviction for any recordable offence in England and Wales or Northern Ireland, or for an offence which is punishable by imprisonment in Scotland. Chapter 2 of Part 4 provides for indefinite retention of biometric material taken from Schedule 8 detainees where they have convictions outside the UK for the equivalent of recordable and imprisonable offences.