Protection of Freedoms Act 2012

Provision 1· legislation, uk, primary-legislation

Protection of Freedoms Act 2012 http://www.legislation.gov.uk/ukpga/2012/9 Protection of Freedoms Act 2012 An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehic [...]

Provision 2· legislation, uk, primary-legislation

para. 17(a) reg. 1(2) Protection of Freedoms Act 2012 s. 33(8)(c) The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 Sch. 2 para. 17(b) reg. 1(2) Protection of Freedoms Act 2012 Pt. 5 Ch. 4 heading Crime and Policing Act 2026 s. 116(2) s. 255(1) Protection of Freedoms Act 2012 s. 92 cross-heading Crime and Policing Act 2026 s. 116(3) s. 255(1) Protection of Freedoms Act 2012 s. 94A and cross-heading Crime and Policing Act 2026 s. 116(4) s. 255(1) Protection of Freedoms Act 2012 s. 95(A1) Crime and Policing Act 2026 s. 116(5)(a) s. 255(1) Protection of Freedoms Act 2012 s. 95(4A) Crime and Policing Act 2026 s. 116(5)(b) s. 255(1) Protection of Freedoms Act 2012 s. 99 heading Crime and Policing Act 2026 s. 116(6)(a) s. 255(1) Protection [...]

Provision 3· legislation, uk, primary-legislation

role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and ca [...]

Provision 4· legislation, uk, primary-legislation

profiles to which this section applies (“section 63D material”) must be destroyed if it appears to the responsible chief officer of police that— a the taking of the fingerprint or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful, or b the fingerprint was taken, or, in the case of a DNA profile, was derived from a sample taken, from a person in connection with that person's arrest and the arrest was unlawful or based on mistaken identity. 3 In any other case, section 63D material must be destroyed unless it is retained under any power conferred by sections 63E to 63O (including those sections as applied by section 63P). 4 Section 63D material which ceases to be retained under a power mentioned in subsection (3) may continue to be r [...]

Provision 5· legislation, uk, primary-legislation

section 2) insert— Retention of section 63D material: persons arrested for or charged with a qualifying offence 63F 1 This section applies to section 63D material which— a relates to a person who is arrested for, or charged with, a qualifying offence but is not convicted of that offence, and b was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence. 2 If the person has previously been convicted of a recordable offence which is not an excluded offence, or is so convicted before the material is required to be destroyed by virtue of this section, the material may be retained indefinitely. 3 Otherwise, material falling within subsection (4) or (5) may be retained until the end of the retention period specified in subsection [...]

Provision 6· legislation, uk, primary-legislation

of those samples was taken). 7 The responsible chief officer of police or a specified chief officer of police may apply to a District Judge (Magistrates' Courts) for an order extending the retention period. 8 An application for an order under subsection (7) must be made within the period of 3 months ending on the last day of the retention period. 9 An order under subsection (7) may extend the retention period by a period which— a begins with the end of the retention period, and b ends with the end of the period of 2 years beginning with the end of the retention period. 10 The following persons may appeal to the Crown Court against an order under subsection (7), or a refusal to make such an order— a the responsible chief officer of police; b a specified chief officer of police; c the person [...]

Provision 7· legislation, uk, primary-legislation

of police may make an application under this subsection if the responsible chief officer of police considers that the material was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence where any alleged victim of the offence was, at the time of the offence— a under the age of 18, b a vulnerable adult, or c associated with the person to whom the material relates. 3 The responsible chief officer of police may make an application under this subsection if the responsible chief officer of police considers that— a the material is not material to which subsection (2) relates, but b the retention of the material is necessary to assist in the prevention or detection of crime. 4 The Commissioner may, on an application under this sect [...]

Provision 8· legislation, uk, primary-legislation

police. 9 An application or notice under this section must be in writing. 10 In this section— “ victim ” includes intended victim, “ vulnerable adult ” means a person aged 18 or over whose ability to protect himself or herself from violence, abuse or neglect is significantly impaired through physical or mental disability or illness, through old age or otherwise, and the reference in subsection (2)(c) to a person being associated with another person is to be read in accordance with section 62(3) to (7) of the Family Law Act 1996. Persons arrested for or charged with a minor offence 4 After section 63G of the Police and Criminal Evidence Act 1984 (for which see section 3) insert— Retention of section 63D material: persons arrested for or charged with a minor offence 63H 1 This section applie [...]

Provision 9· legislation, uk, primary-legislation

relates to a person who is convicted of a recordable offence, and ii was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence, or b material taken under section 61(6) or 63(3B) which relates to a person who is convicted of a recordable offence. 2 The material may be retained indefinitely. 3 This section does not apply to section 63D material to which section 63K applies. Persons convicted of an offence outside England and Wales 6 After section 63I of the Police and Criminal Evidence Act 1984 (for which see section 5) insert— Retention of material: persons convicted of an offence outside England and Wales 63J 1 This section applies to material falling within subsection (2) relating to a person who is convicted of an offenc [...]

Provision 10· legislation, uk, primary-legislation

2 Where the person is given a relevant custodial sentence of less than 5 years in respect of the offence, the material may be retained until the end of the period consisting of the term of the sentence plus 5 years. 3 Where the person is given a relevant custodial sentence of 5 years or more in respect of the offence, the material may be retained indefinitely. 4 Where the person is given a sentence other than a relevant custodial sentence in respect of the offence, the material may be retained until— a in the case of fingerprints, the end of the period of 5 years beginning with the date on which the fingerprints were taken, and b in the case of a DNA profile, the end of the period of 5 years beginning with— i the date on which the DNA sample from which the profile was derived was taken, or [...]

Provision 11· legislation, uk, primary-legislation

the Criminal Justice and Police Act 2001 and in respect of whom no proceedings are brought for the offence to which the notice relates, and b was taken (or, in the case of a DNA profile, derived from a sample taken) from the person in connection with the investigation of the offence to which the notice relates. 2 The material may be retained— a in the case of fingerprints, for a period of 2 years beginning with the date on which the fingerprints were taken, b in the case of a DNA profile, for a period of 2 years beginning with— i the date on which the DNA sample from which the profile was derived was taken, or ii if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken. Material retained for purposes of national security 9 After secti [...]

Provision 12· legislation, uk, primary-legislation

of the person from whom the sample was taken. 2 Material to which this section applies may be retained until it has fulfilled the purpose for which it was taken or derived. 3 Material to which this section applies which relates to— a a person who is convicted of a recordable offence, or b a person who has previously been convicted of a recordable offence (other than a person who has only one exempt conviction), may be retained indefinitely. 4 For the purposes of subsection (3)(b), a conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the person is aged under 18. Material retained with consent 11 After section 63N of the Police and Criminal Evidence Act 1984 (for which see section 10) insert— Retention of section 63D material wit [...]

Provision 13· legislation, uk, primary-legislation

in relation to the material as if the material was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence in respect of which the person is arrested or charged. Destruction of copies 13 After section 63P of the Police and Criminal Evidence Act 1984 (for which see section 12) insert— Destruction of copies of section 63D material 63Q 1 If fingerprints are required by section 63D to be destroyed, any copies of the fingerprints held by the police must also be destroyed. 2 If a DNA profile is required by that section to be destroyed, no copy may be retained by the police except in a form which does not include information which identifies the person to whom the DNA profile relates. Destruction rules for samples and impressions o [...]

Provision 14· legislation, uk, primary-legislation

Any other sample to which this section applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken. 6 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 (7) is met. 7 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 [...]

Provision 15· legislation, uk, primary-legislation

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. 11 A sample retained by virtue of an order under subsection (9) must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken. 12 A sample that ceases to be retained by virtue of an order under subsection (9) must be destroyed. 13 Nothing in this section prevents a speculative search, in relation to samples to which this section applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable. Destruction of i [...]

Provision 16· legislation, uk, primary-legislation

purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or d for purposes related to the identification of a deceased person or of the person to whom the material relates. 2 Material which is required by section 63D, 63R or 63S to be destroyed must not at any time after it is required to be destroyed be used— a in evidence against the person to whom the material relates, or b for the purposes of the investigation of any offence. 3 In this section— a the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person, b the reference to crime includes a reference to any conduct which— i constitutes one or more criminal offences (whether under the law of England [...]

Provision 17· legislation, uk, primary-legislation

Sections 63D to 63T do not apply to material to which paragraph 8 of Schedule 4 to the International Criminal Court Act 2001 (requirement to destroy material) applies. 4 Sections 63D to 63T do not apply to material to which paragraph 6 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 (requirement to destroy material) applies. 5 Sections 63D to 63Q, 63S and 63T do not apply to material which is, or may become, disclosable under— a the Criminal Procedure and Investigations Act 1996, or b a code of practice prepared under section 23 of that Act and in operation by virtue of an order under section 25 of that Act. 6 Sections 63D to 63T do not apply to material which— a is taken from a person, but b relates to another person. 7 Nothing in sections 63D to 63T affects [...]

Provision 18· legislation, uk, primary-legislation

or DNA profiles to which section 63D applies; , and c after the definition of “terrorism” insert— “ terrorist investigation ” has the meaning given by section 32 of that Act; . 3 After section 65(2) (meaning of references to a sample's proving insufficient) insert— 2A In subsection (2), the reference to the destruction of a sample does not include a reference to the destruction of a sample under section 63R (requirement to destroy samples). 2B Any reference in sections 63F, 63H, 63P or 63U to a person being charged with an offence includes a reference to a person being informed that the person will be reported for an offence. 4 In section 65A(2) (list of “qualifying offences” for purposes of Part 5), in paragraph (j) (offences under the Theft Act 1968), for “section 9” substitute “ section [...]

Provision 19· legislation, uk, primary-legislation

single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under sections 63F, 63H and 63N whether the person has been convicted of only one offence. 5 See also section 65(3) (which deals with findings equivalent to those mentioned in subsection (1)(c) or (d) by courts which exercise jurisdiction under the laws of countries or territories outside England and Wales). Amendments of regimes other than PACE Amendments of regimes other than PACE 19 Schedule 1 (which amends regimes other than the regime in the Police and Criminal Evidence Act 1984 amended by sections 1 to 18) has effect. The Commissioner for the Retention and Use of Biometric Material Appointment and functions of Commissioner 20 1 The Secretary of State must appoint a Comm [...]

Provision 20· legislation, uk, primary-legislation

b the uses to which material retained pursuant to a national security determination is being put. 3 It is the duty of every person who makes or renews a national security determination under a provision mentioned in subsection (2)(a) to— a send to the Commissioner a copy of the determination or renewed determination, and the reasons for making or renewing the determination, within 28 days of making or renewing it, and b disclose or provide to the Commissioner such documents and information as the Commissioner may require for the purpose of carrying out the Commissioner's functions under subsection (2). 4 If, on reviewing a national security determination made or renewed under a provision mentioned in subsection (2)(a), the Commissioner concludes that it is not necessary for any material re [...]

Provision 21· legislation, uk, primary-legislation

(fingerprints, DNA samples and DNA profiles), and ii any copies of fingerprints or DNA profiles to which section 18 of that Act applies, d the retention and use in accordance with paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 of— i any material to which paragraph 6 or 12 of that Schedule applies (fingerprints, relevant physical data, DNA profiles and samples), and ii any copies of any material to which paragraph 6 of that Schedule applies (fingerprints, relevant physical data and DNA profiles), e the retention and use in accordance with paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 of— i any material to which paragraph 43 or 49 of that Schedule applies (fingerprints, relevant physical data, DNA pro [...]

Provision 22· legislation, uk, primary-legislation

8 to the Terrorism Act 2000 includes a reference to use of material, or copies of material, in accordance with section 19C(2)(c) and (d) of the Criminal Procedure (Scotland) Act 1995, ... b the reference in subsection (6)(d) to use of material, or copies of material, in accordance with paragraphs 5 to 14 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011 is to be read as a reference to use only for a purpose mentioned in paragraph 13(1)(a) or (b) of that Schedule to that Act , and c the reference in subsection (6)(e) to use of material, or copies of material, in accordance with paragraphs 43 to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 includes a reference to use of material, or copies of material, in accordance with section 19C(2)(c) [...]

Provision 23· legislation, uk, primary-legislation

State may at any time require the Commissioner to report on any matter relating to the Commissioner's functions. 4 On receiving a report from the Commissioner under this section, the Secretary of State must— a publish the report, and b lay a copy of the published report before Parliament. 5 The Secretary of State may, after consultation with the Commissioner, exclude from publication any part of a report under this section if, in the opinion of the Secretary of State, the publication of that part would be contrary to the public interest or prejudicial to national security. Other provisions Guidance on making national security determinations 22 1 The Secretary of State must give guidance about making or renewing national security determinations under a provision mentioned in section 20(2)(a [...]

Provision 24· legislation, uk, primary-legislation

on National DNA Database 23 After section 63A of the Police and Criminal Evidence Act 1984 insert— Inclusion of DNA profiles on National DNA Database 63AA 1 This section applies to a DNA profile which is derived from a DNA sample and which is retained under any power conferred by any of sections 63E to 63L (including those sections as applied by section 63P). 2 A DNA profile to which this section applies must be recorded on the National DNA Database. National DNA Database Strategy Board 24 After section 63AA of the Police and Criminal Evidence Act 1984 (for which see section 23) insert— National DNA Database Strategy Board 63AB 1 The Secretary of State must make arrangements for a National DNA Database Strategy Board to oversee the operation of the National DNA Database. 2 The National DNA [...]

Provision 25· legislation, uk, primary-legislation

to the public interest or prejudicial to national security. Material taken before commencement 25 1 The Secretary of State must by order make such transitional, transitory or saving provision as the Secretary of State considers appropriate in connection with the coming into force of any provision of this Chapter. 2 The Secretary of State must, in particular, provide for the destruction or retention of PACE material taken, or (in the case of a DNA profile) derived from a sample taken, before the commencement day in connection with the investigation of an offence. 3 Such provision must, in particular, ensure— a in the case of material taken or derived 3 years or more before the commencement day from a person who— i was arrested for, or charged with, the offence, and ii has not been convicted [...]