PACE 1984 s.63T – Use of retained material

(1)Any material to which section 63D, 63R or 63S applies must not be used other than—

(a)in the interests of national security,

(b)for the purposes of a terrorist investigation,

(c)for 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 and Wales or of any country or territory outside England and Wales), or

(ii)is, or corresponds to, any conduct which, if it all took place in England and Wales, would constitute one or more criminal offences, and

(c)the references to an investigation and to a prosecution include references, respectively, to any investigation outside England and Wales of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside England and Wales.^F641]

Definitions used in section 63T 2

terrorist investigation: “terrorist investigation” has the meaning given by section 32 of that Act ;
Defined in s.65(1) · see it in the full Act
offence: “offence”, in relation to any country or territory outside England and Wales, includes an act punishable under the law of that country or territory, however it is described;
Defined in s.65(1) · see it in the full Act

Cases considering section 63T 3

The Royal Borough of Kingston-Upon-Thames v SK (A Child) & Ors

[2017] EWHC 2636 (Fam) · 31 January 2017Limits

Confirms the statutory limit on police disclosure of the DNA material held in connection with the criminal investigation. The court takes account of that limit while drawing evidential inferences from the available information and Ms K’s refusal to consent to testing (see para [81]).

Z (Children), Re

[2014] EWHC 1999 (Fam) · 18 June 2014Limits

Section 63T prohibits use, checking or disclosure of material within sections 63D, 63R or 63S except for specified purposes. It did not bar the order because the proposed disclosure involved no Part V sample or material derived from one (see paras [21]; [35]; [40]-[47]; [50]).

Public Prosecution Service v McKee (Northern Ireland)

[2013] UKSC 32 · 22 May 2013

The proposed provision would expressly make fingerprints or other biometric data subject to a duty of destruction inadmissible against the person concerned. This supported the inference that Parliament uses express language when inadmissibility is intended. (see para [18])

What each judgment says about section 63T is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

F641S. 63T inserted (31.10.2013) by Protection of Freedoms Act 2012 (c. 9), ss. 16, 120 (with s. 97); S.I. 2013/1814, art. 2(d)

Modifications

C537S. 63T applied (with modifications) (4.11.2015) by The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) Order 2015 (S.I. 2015/1783), arts. 1, 3(1), Sch. 1 (with art. 3(2), (3), 4-19, Sch. 2)