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Retention of photographs, finger impressions, particulars and body samples taken

Criminal Law (Temporary Provisions) Act 1955

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—(1) The Commissioner of Police shall cause to be maintained —(a)a register (whether in a computerised form or otherwise) in which shall be stored all photographs, finger impressions, registrable particulars and other particulars of a person taken or deemed to be taken under section 27A; and(b)a DNA database (whether in a computerised form or otherwise) in which shall be stored all DNA information derived from a body sample taken from a person under section 27A.(2) Any information stored in the register and the DNA database under subsection (1) may be used for all or any of the following purposes:(a)for comparison with any other information or any other DNA information, as the case may be, obtained in the course of an investigation of an offence conducted by a police officer or officer of the Central Narcotics Bureau;(b)for comparison with information in the register established under section 4 of the Registration of Criminals Act 1949 or with DNA information in the DNA database established under section 13F of that Act, as the case may be;(c)for comparison with information or DNA information, as the case may be, in the register or DNA database, respectively, established under —(i)section 26D of the Intoxicating Substances Act 1987; or(ii)section 40D of the Misuse of Drugs Act 1973;(d)for any proceedings for any offence;(e)for administering the register and DNA database for the purposes of this Act;(f)for such other purposes as may be prescribed.(3) Where any photograph, finger impression, record of particulars or body sample has been taken under section 27A from an arrested person and that person is subsequently released, without being —(a)convicted of any offence under this Act; or(b)placed on detention or supervision under this Act,the Commissioner of Police shall cause all such photographs, finger impressions, records of particulars and body samples taken from that person to be removed from the register and DNA database maintained under subsection (1).(4) For the purposes of subsection (2)(d) —(a)any photograph, finger impression, registrable particulars or other particulars stored in the register under subsection (1)(a);(b)any DNA information stored in the DNA database under subsection (1)(b); and(c)any certificate or report purporting to have been compiled or made from information stored in the register or DNA database maintained under subsection (1),shall, if produced from proper custody and authenticated by the signature of the Commissioner of Police or a police officer authorised by the Commissioner of Police, be admissible in evidence in any proceedings, without proof of signature; and, until the contrary is proved, shall be proof of all matters contained therein or appearing thereon.

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