Part 4: Police Powers Chapter 2: Retention of biometric material Section 70: Retention of fingerprints and DNA profiles: PACE
This section amends Part 5 of PACE to enable DNA profiles and fingerprints to be retained on the basis of convictions outside England and Wales in the same way as such material may currently be retained on basis of convictions in England and Wales.
	At present, if a person has a conviction outside of England and Wales, their DNA profile and fingerprints can be retained only if the conviction is equivalent to a 'qualifying' offence in England and Wales (in broad terms, a serious sexual or violent offences). So if a person has a conviction(s) elsewhere for a non-qualifying recordable offence, such as theft, then their DNA profile and fingerprints cannot be retained. In addition, 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 this material following arrest for a different offence. This means that the person would have to be re-sampled and re-fingerprinted (following a senior officer’s approval) in order for their DNA and fingerprints to be retained.
	The section extends the circumstances in which DNA and fingerprints can be retained on the basis of convictions outside of England and Wales. The amendments effectively enable such material to be retained in the same way as for persons convicted of a recordable offence in England and Wales, as per the retention schedule, set out in annex H.
	The amendments make clear that the provisions only apply to offences committed outside of England and Wales where that offence would constitute a recordable offence if committed in England and Wales. The retention power does not apply in cases where the conviction elsewhere is for an act which is not an offence in England and Wales.