Part 1: Espionage, sabotage and persons acting for foreign powers Powers of search etc. Schedule 6: Detention under Section 27 Part 4: Dealing with fingerprints and samples etc: United Kingdom
Paragraph 19 applies to fingerprints, DNA profiles derived from a non-intimate or intimate sample and relevant physical data taken under the powers in the schedule. Thereafter, such fingerprints, samples and physical data are referred to as "paragraph 19 material". Paragraph 19 material must be destroyed if it appears to a chief officer of police that it was obtained unlawfully or at a time when an arrest was unlawful or based on mistaken identify (sub paragraph (2)). Paragraph 19 (3) indicates that otherwise paragraph 19 material must be destroyed unless it is retained under another power provided for in paragraphs 20 or 22. However, this does not prevent a relevant search being carried out if a senior police officer considers it desirable. Such a search can be carried out by police to check the relevant material against other lawful material held by police (see paragraph 19(6)). For example, a DNA profile may be cross-checked against other DNA profiles held in police databases, which may have been taken following arrests made under powers in other pieces of legislation.
	Paragraphs 20 and 21 set out the powers for retention of paragraph 19 material. Material under paragraph 19 may be retained indefinitely if the person has person ha previously been convicted of a recordable offence, or in Scotland, an offence which is punishable by imprisonment. Otherwise, when detained under section 27, the material may be retained for 3 years, beginning on the date on which the fingerprints, physical data or sample was provided or derived. The responsible or specified chief officer of police or NCA may apply to the courts to extend the retention period for 2 years further (paragraph 20(6)-(8)). Paragraph 20 (9) and (10) provides for an appeal process whereby the person from whom the material was taken, or the responsible or specified chief officer of police or NCA may appeal to the court if the order is granted or denied. In Scotland, the appeal must be made within 21 days of the court’s initial decision. Paragraph 20(11) states that if an individual is arrested again under the section 28 arrest power and relevant material is again taken upon arrest, a new retention period may begin from when the second arrest occurred.
	Paragraph 22 provides for the ability to make a national security determination regarding paragraph 19 material. A national security determination is when a chief officer of police determines that it is necessary to retain any material for up to 5 years if the retention of that data is for the purposes of national security. A national security determination can be renewed indefinitely.
	Paragraph 23 provides for a constable to make a determination to retain a second set of fingerprints from a detained person for the same retention period as a first set, if both the conditions at sub-paragraph (3) and (4) are met. This ensures there are not multiple retention periods.
	Paragraph 25 states that DNA samples taken from a person must be destroyed as soon as the DNA profile has been derived from the sample or 6 months from when the sample was taken. This paragraph provides for police to apply for a court to retain a sample beyond this date if the sample was taken in relation to the investigation of a qualifying offence and if the sample is likely to be needed in criminal proceedings.
	Paragraph 26 restricts the purposes for which material may be used.
	Paragraph 28 is self-explanatory and provides definitions of terms used in the Schedule.