Commentary on Sections Section 9: Retention of fingerprints, DNA profiles, etc.
Section 9 gives effect to Schedules 2 and 3 to the Act, which insert the new retention framework in PACENI and make consequential amendments.
It also requires the Department of Justice to make an order (subject to the negative resolution procedure) containing transitional or saving provisions associated with the coming into force of that section, and the repeals in Part 3 of Schedule 4. In particular, the Department must provide for the destruction or retention of biometric material already in existence at the point this legislation comes into operation.
This will enable the Department to ensure that the retention and destruction regime set out in the Act is applied to existing material, while recognising that this exercise may take some time to complete.