(1) This section applies where—
(a) section 63D material is taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of an offence,
(b) at any time before the material is required to be destroyed by virtue of this Part of this Act, the person is convicted of an offence under the law of a country or territory outside England and Wales, and
(c) the act constituting the offence mentioned in paragraph (b) would constitute a recordable offence if done in England and Wales.
(2) The material may be retained indefinitely.
(3) This section does not apply where section 63KA applies.