The police are entitled to retain biometric information, even if there is no charge following arrest, provided that certain criteria are met.
Protection of Freedom Act 2012 (’the Act’) | Kangs Criminal Law Advisory Solicitors
The Act allows the police, in England and Wales, to indefinitely retain DNA profile and fingerprints, if there has been a previous conviction for an offence, which includes out of Court disposals and diversions which have taken place at the police station.
The period of time this information can be retained by the police will depend upon the nature of the conviction(s) and surrounding circumstances, whether there was an arrest without charge, a charge but no conviction or even if there was only the issue of a penalty notice.
Under the new legislation, offenders may apply to the Chief Officer to have their biometric information deleted before the end of the retention period as defined by law.
The circumstances where an application can be made are where:
- there are no previous convictions and the biometric information is held due to a penalty notice being issued;
- there are no previous convictions, the biometric information is held as a result of arrest and charged with a qualifying offence, but no subsequent conviction;
- there are grounds for making an application for the early deletion of lawfully held biometric information.
How Can Kangs Solicitors Help You? | Kangs Criminal Defence Team
- If you can satisfy any of the above categories, an application can be made to a Chief Officer to examine the same and each case will be considered upon its own merits.
- Even if your biometric information has automatically been deleted, it should not be assumed that your Police National Computer Record (PNC) will also have been amended and you may be eligible to apply have your records held on the PNC System deleted.
The fact that the police have your biometrics or, indeed, that items are recorded incorrectly on the PNC can have an adverse and devastating effect upon an individual’s life such as affecting the ability to fly to different parts of the world or being able to apply for specific jobs.
Who Can I Contact For Help? | Kangs Specialist Criminal Solicitors
If you need help in relation to making an application to have your record amended or, indeed, deleted, please do not hesitate to contact our Team through either of the following: