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| Protection of Freedoms Bill
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| [Seventh and Eighth sittings]
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| Clause 8, page 7, line 20, after ‘person’, insert ‘over the age of 16’. |
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| Clause 8, page 7, line 20, after ‘is’, insert ‘arrested and then’. |
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| Clause 8, page 7, line 26, leave out ‘2’ and insert ‘3’. |
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| Clause 8, page 7, line 28, leave out ‘2’ and insert ‘3’. |
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| Clause 8, page 7, line 34, at end add— |
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| | ‘(3) | Subsections (1) and (2) cannot come into force until— |
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| | (a) | an inquiry has been conducted by Her Majesty’s Inspectorate of |
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| | Constabulary into the evidential basis for the benefits of taking DNA |
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| | from persons given a penalty notice, |
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| | (b) | the recommendations of that inquiry have been reported to the Secretary |
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| | (c) | the report of the inquiry has been laid before, and approved by |
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| | affirmative resolution of, both Houses of Parliament.’. |
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| | Clause Agreed to on division. |
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| Clause 9, page 7, line 39, after ‘retained’, insert ‘for an initial period of six years, |
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| Clause 9, page 8, line 3, leave out ‘2’ and insert ‘3’. |
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| Clause 10, page 8, line 11, after ‘with the’, insert ‘written’. |
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| Clause 10, page 8, line 13, after ‘the’, insert ‘written’. |
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| Clause 10, page 8, line 16, at end insert ‘and must in any event be destroyed within |
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| one year from the date it was taken.’. |
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| Clause 11, page 8, line 39, after ‘withdrawn’, insert ‘, either verbally or in |
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| Clause 11, page 8, line 39, after ‘time’, insert ‘except where a person is subject to |
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| an active police investigation’. |
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| Clause 13, page 9, line 20, leave out from ‘Police’ to end of Clause. |
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| Clause 13, page 9, line 22, at end insert— |
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| | ‘(3) | Before the DNA profile is destroyed, a speculative search of the DNA database |
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| | (4) | The search must be carried out within such time as may reasonably be required |
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| | (5) | In the event of the fingerprint, or DNA profile, being taken from a person in |
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| | connection with that person’s arrest and the arrest was unlawful or based on |
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| | mistaken identity, then the sample is exempt from (3) above.’. |
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| Clause 14, page 9, line 24, after ‘samples’, insert ‘and all other biometric |
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| Clause 14, page 9, line 27, after ‘samples’, insert ‘and all other biometric |
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| Clause 14, page 9, line 28, after ‘samples’, insert ‘and all other biometric |
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| Clause 14, page 9, line 34, after ‘samples’, insert ‘and all other biometric |
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| Clause 14, page 9, line 36, after ‘samples’, insert ‘and all other biometric |
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| Clause 14, page 9, line 37, after ‘samples’, insert ‘and all other biometric |
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| Clause 14, page 10, line 1, after ‘sample’, insert ‘and all other biometric |
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| Clause 14, page 10, line 5, after ‘sample’, insert ‘and all other biometric |
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| Clause 14, page 10, leave out lines 8 to 11 and insert— |
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| | ‘(7) | A speculative search of the DNA database and the national fingerprint database, |
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| | in relation to section 63D material, must be carried out. |
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| | (8) | The search must be carried out within such time as may reasonably be required |
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| | (9) | In the event of the fingerprint, or DNA profile, being taken from a person in |
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| | connection with that person’s arrest and the arrest was unlawful or based on |
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| | mistaken identity, then the sample is exempt from (7) above.’. |
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| Clause 16, page 10, line 40, leave out subsection (2). |
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| Clause 17, page 11, line 31, leave out subsection (3). |
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| Clause 18, page 12, line 32, leave out ‘or’. |
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| Clause 18, page 12, line 33, leave out paragraph (b). |
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| Clause 18, page 12, line 34, at end insert— |
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| | ‘(c) | a person who has been found not guilty of the offence by reason of |
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| | (d) | a person who has been found to be under a disability and to have done the |
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| | act charged in respect of the offence.’. |
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| Clause 18, page 12, line 43, at end insert— |
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| | ‘(5) | See also section 65(3) (which deals with findings equivalent to those mentioned |
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| | in subsection (1)(c) or (d) by courts which exercise jurisdiction under the laws of |
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| | countries or territories outside England and Wales).’. |
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| | Clause, as amended, Agreed to. |
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| Schedule 1, page 85, line 46, leave out ‘3’ and insert ‘6’. |
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| Schedule 1, page 86, line 1, leave out ‘3’ and insert ‘6’. |
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| Schedule 1, page 87, line 42, after ‘(a)’ insert ‘in relation to a recordable offence in |
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| England and Wales or Northern Ireland— |
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| Schedule 1, page 87, line 45, leave out ‘(b)’ and insert— |
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| | ‘(ii) | the person has been found not guilty of the offence by reason |
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| | (iii) | the person has been found to be under a disability and to have |
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| | done the act charged in respect of the offence, or |
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| Schedule 1, page 88, line 6, at end insert— |
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| | ‘( ) | the person, in relation to an offence in Scotland punishable by |
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| | imprisonment, has been acquitted on account of the person’s insanity |
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| | at the time of the offence or (as the case may be) by virtue of section |
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| | 51A of the Criminal Procedure (Scotland) Act 1995, |
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| | ( ) | a finding in respect of the person has been made under section 55(2) |
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| | of the Criminal Procedure (Scotland) Act 1995 in relation to an |
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| | offence in Scotland punishable by imprisonment,’. |
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| Schedule 1, page 92, line 19, leave out from ‘(2))’ to end of line 21. |
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| Schedule 1, page 94, line 43, leave out paragraph (c). |
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| Schedule 1, page 97, line 6, leave out ‘or’. |
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| Schedule 1, page 97, line 8, at end insert— |
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| | ‘(c) | has been found not guilty of the offence by reason of insanity, or |
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| | (d) | has been found to be under a disability and to have done the act |
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| | charged in respect of the offence’. |
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| Schedule 1, page 100, line 22, at end insert— |
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| | Corresponding Northern Ireland provision for excepted or reserved matters |
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| | 8 (1) | The Secretary of State may make an order under sub-paragraph (2) or (3) if the |
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| | Secretary of State considers that the subject-matter in relation to Northern |
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