[(1) This section applies to samples—
(a) taken from a person under any power conferred by this Part of this Act, or
(b) taken by the police, with the consent of the person from whom they were taken, in connection with the investigation of an offence by the police.
(2) Samples to which this section applies must be destroyed if it appears to the responsible chief officer of police that—
(a) the taking of the samples was unlawful, or
(b) the samples were taken from a person in connection with that person's arrest and the arrest was unlawful or based on mistaken identity.
(3) Subject to this, the rule in subsection (4) or (as the case may be) (5) applies.
(4) A DNA sample to which this section applies must be destroyed—
(a) as soon as a DNA profile has been derived from the sample, or
(b) if sooner, before
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