31Application for destruction of records

31 Application for destruction of records

(1)  A prisoner or detainee may apply to the Director for the destruction of any biometric data collected, photographs or images taken and electronic or other records made under regulation 29 relating to the prisoner or detainee.

(2)  An application under subregulation (1) is to be in writing and made no earlier than one year after –

(a) the end of the period for which the prisoner was sentenced and the completion of any parole period; or

(b) the release of the detainee.

(3)  On receipt of an application under subregulation (1) , the Director may order the destruction of any biometric data collected, photographs or images taken and electronic or other records made, having regard to –

(a) the nature of the offence for which –

(i) the sentence of imprisonment was imposed on the applicant; or

(ii) the applicant was committed to prison; and

(b) the circumstances of that offence; and

(c) the whole of the applicant's criminal record; and

(d) if the applicant was released from prison before the expiration of his or her sentence, his or her conduct since he or she was so released.