s. 464ZGE (3) A sample and any related material and information referred to in subsection (2) must be destroyed— (a) within 28 days after the receipt of the person's notice of withdrawal of consent under subsection (1); or (b) in a case to which subsection (2)(b)(i) applies, immediately after that period of 12 months; or (c) in a case to which subsection (2)(b)(ii) applies— (i) within 1 month after the conclusion of the proceedings and the end of any appeal period; or (ii) if the proceedings have been adjourned under section 75 of the Sentencing Act within 1 month after dismissal 1991, under that section. (4) The Chief Commissioner of Police is not required to comply with the requirements in subsections (2) and (3) to destroy or cause to be destroyed a sample and any related material and information by reason of the person's withdrawal of consent if the Magistrates' Court makes an order under section 464ZGF for the retention of that sample and any related material and information. (5) If the Magistrates' Court refuses to make an order under section 464ZGF for the retention of a sample and any related material and information, and a person in accordance with subsection (1) has withdrawn his or her consent to the retention of that sample, the Chief Commissioner of Police must immediately destroy, or cause to be immediately destroyed, the sample given and any related material and information.
(3) A sample and any related material and information referred to in subsection (2) must be destroyed— (a) within 28 days after the receipt of the person's notice of withdrawal of consent under subsection (1); or (b) in a case to which subsection (2)(b)(i) applies, immediately after that period of 12 months; or s. 464ZGE (c) in a case to which subsection (2)(b)(ii) applies— (i) within 1 month after the conclusion of the proceedings and the end of any appeal period; or (ii) if the proceedings have been adjourned under section 75 of the Sentencing Act 1991, within 1 month after dismissal under that section. (4) The Chief Commissioner of Police is not required to comply with the requirements in subsections (2) and (3) to destroy or cause to be destroyed a sample and any related material and information by reason of the person's withdrawal of consent if the Magistrates' Court makes an order under section 464ZGF for the retention of that sample and any related material and information. (5) If the Magistrates' Court refuses to make an order under section 464ZGF for the retention of a sample and any related material and information, and a person in accordance with subsection (1) has withdrawn his or her consent to the retention of that sample, the Chief Commissioner of Police must immediately destroy, or cause to be immediately destroyed, the sample given and any related material and information.
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