Protection of Freedoms Bill

7: Clause 14, page 10, line 36, at end insert— ““(5A) The responsible chief officer of police may apply to a District Judge (Magistrates’ Courts) for an order to retain a sample to which this section applies beyond the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5) if— (a) the sample was taken from a person in connection with the investigation of a qualifying offence, and (b) the responsible chief officer of police considers that the condition in subsection (5B) is met. (5B) The condition is that, having regard to the nature and complexity of other material that is evidence in relation to the offence, the sample is likely to be needed in any proceedings for the offence for the purposes of— (a) disclosure to, or use by, a defendant, or (b) responding to any challenge by a defendant in respect of the admissibility of material that is evidence on which the prosecution proposes to rely. (5C) An application under subsection (5A) must be made before the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5). (5D) If, on an application made by the responsible chief officer of police under subsection (5A), the District Judge (Magistrates’ Courts) is satisfied that the condition in subsection (5B) is met, the District Judge may make an order under this subsection which— (a) allows the sample to be retained for a period of 12 months beginning with the date on which the sample would otherwise be required to be destroyed by virtue of subsection (4) or (5), and (b) may be renewed (on one or more occasions) for a further period of not more than 12 months from the end of the period when the order would otherwise cease to have effect. (5E) An application for an order under subsection (5D) (other than an application for renewal)— (a) may be made without notice of the application having been given to the person from whom the sample was taken, and (b) may be heard and determined in private in the absence of that person. (5F) A sample retained by virtue of an order under subsection (5D) must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken. (5G) A sample that ceases to be retained by virtue of an order under subsection (5D) must be destroyed.””