[(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.
[(2A) In subsection (2), references to a recordable offence include an offence under the law of a country or territory outside England and Wales where the act constituting the offence would constitute a recordable offence if done in England and Wales (and, in the application of subsection (2) where a person has previously been convicted, this applies whether or not the act constituted such an offence when the person was convicted).]
(3) Otherwise, material falling within subsection (4)[, (5) or (5A)] may be retained until the end of the retention period specified in subsection (6).
(4) Material falls within this subsection if it—
(a) relates to a person who is 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
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