(a) the law enforcement authority is to be treated as not having been required to destroy the material at the pre-commencement time, but
(b) the material may not be used in evidence against the person to whom the material relates—
(i) in criminal proceedings in England and Wales, Northern Ireland or Scotland in relation to an offence where those proceedings, or other criminal proceedings in relation to the person and the offence, were instituted before the commencement day, or
(ii) in criminal proceedings in any other country or territory.
(14) In this section—
“ the commencement day ” means the day on which this Act is passed;
“ law enforcement authority ” has the meaning given by section 18E(1) of the Counter-Terrorism Act 2008;
“ section 18 material ” has the meaning given by section 18(2) of that Act.
(15) For the purposes of this section, proceedings in relation to an offence are instituted—
(a) in England and Wales, when they are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985 (see section 15(2) of that Act);
(b) in Northern Ireland, when they are instituted for the purposes of Part 2 of the Justice (Northern Ireland) Act 2002 (see section 44(1) and (2) of that Act);
(c) in Scotland, when they are instituted for the purposes of Part 3 of the Proceeds of Crime Act 2002 (see section 151(1) and (2) of that Act).
I231 S. 126 in force at Royal Assent, see s. 142(2)(d)
127 Retention of pseudonymised biometric data U.K.
(1) Part 1 of the Counter-Terrorism Act 2008 (powers to gather and share information) is amended in accordance with subsections (2) to (6).
(2) Section 18A (retention of material: general) is amended in accordance with subsections (3) to (5).
(3) In subsection (1), for “subsection (5)” substitute “subsections (4) to (9)” .
(4) In subsection (4)(a), after “relates” insert “(a “pseudonymised form”)” .
(5) After subsection (6) insert—
“ (7) Section 18 material which is not a DNA sample may be retained indefinitely by a law enforcement authority if—
(a) the authority obtains or acquires the material directly or indirectly from an overseas law enforcement authority,
(b) the authority obtains or acquires the material in a form which includes information which identifies the person to whom the material relates,
(c) as soon as reasonably practicable after obtaining or acquiring the material, the authority takes the steps necessary for it to hold the material in a pseudonymised form, and
(d) having taken those steps, the law enforcement authority continues to hold the material in a pseudonymised form.
(8) In a case where section 18 material is being retained by a law enforcement authority under subsection (7), if—
(a) the law enforcement authority ceases to hold the material in a pseudonymised form, and