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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| Protection of Freedoms Bill
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| | The Amendments have been arranged in accordance with the Order of the |
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| Clause 1, page 1, line 8, leave out ‘DNA profiles’ and insert ‘removal of profile |
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| from National DNA Database’. |
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| Clause 1, page 2, leave out lines 24 to 27 and insert— |
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| | ‘(6) | 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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| | (7) | The search must be carried out within such time as may reasonably be required |
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| | (8) | 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 (6) above.’. |
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| Clause 1, page 2, line 27, at end add— |
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| | ‘(6) | Samples taken from which a DNA profile is obtained of an individual who is |
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| | subsequently convicted of a crime will be held pending any further proceedings.’. |
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| Clause 3, page 3, line 14, leave out ‘or (5)’. |
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| Clause 3, page 3, line 17, before ‘charged’, insert ‘arrested for, or’. |
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| Clause 3, page 3, leave out lines 22 to 28. |
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| Clause 3, page 3, line 28, at end insert— |
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| | ‘(d) | prescribed circumstances will be set out in draft guidance by the |
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| | Secretary of State which must be laid before both Houses of Parliament; |
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| | (e) | the guidance must be approved by resolution of both Houses of |
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| | (f) | the prescribed circumstances must include rape and serious sexual |
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| Clause 3, page 3, line 30, leave out ‘3’ and insert ‘6’. |
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| Clause 3, page 3, line 32, leave out ‘3’ and insert ‘6’. |
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| Clause 3, page 3, leave out from line 37 to end of Clause. |
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| Clause 3, page 3, leave out lines 37 to 39 and insert— |
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| | ‘(7) | The responsible chief officer of police or a specified chief officer of police may |
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| | write to a person on the DNA database to notify them that an extension of the |
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| | retention period is necessary on an opt-out basis. |
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| | (7A) | If the person responds wanting to opt-out, the responsible chief officer of police |
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| | or a specified chief officer of police may apply to a District Judge (Magistrates’ |
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| | Courts) for an order extending the retention period.’. |
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| Clause 3, page 3, leave out lines 37 to 39 and insert— |
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| | ‘(7) | The responsible chief officer of police or a specified chief officer of police may |
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| | write to a person on the DNA database to notify them that an extension of the |
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| | retention period is necessary on an opt-out basis. |
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| | (7A) | If the person responds wanting to opt-out, the responsible chief officer of police |
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| | or a specified chief officer of police may apply to a District Judge (Magistrates’ |
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| | Courts) for an order extending the retention period. |
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| | (7B) | The commencement of new section 63F shall not take place before the |
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| | (a) | the Secretary of State must make an order made by statutory instrument |
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| | which sets out circumstances in which DNA will be retained and a |
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| | criteria for extension decisions, |
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| | (b) | the Statutory Instrument has been laid before, and approved by a |
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| | resolution of, both Houses of Parliament.’. |
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| Clause 3, page 3, leave out lines 37 to 39 and insert— |
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| | ‘(7) | The responsible chief officer of police or a specified chief officer of police may |
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| | write to a person on the DNA database to notify them that an extension of the |
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| | retention period is necessary on an opt-out basis. |
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| | (7A) | If the person responds wanting to opt-out, the responsible chief officer of police |
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| | or a specified chief officer of police may apply to a District Judge (Magistrates’ |
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| | Courts) for an order extending the retention period. |
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| | (7B) | The person on the database may apply for the Court to be held on camera.’. |
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| Clause 3, page 3, leave out lines 37 to 39 and insert— |
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| | ‘(7) | The responsible chief officer of police or a specified chief officer of police may |
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| | write to a person on the DNA database to notify them that an extension of the |
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| | retention period is necessary on an opt-out basis. |
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| | (7A) | If the person responds wanting to opt-out, the responsible chief officer of police |
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| | or a specified chief officer of police may apply to a District Judge (Magistrates’ |
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| | Courts) for an order extending the retention period. |
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| | (7B) | The person will remain on the DNA database, including after the initial retention |
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| | period, if the court process is subject to delay.’. |
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| Clause 3, page 4, line 8, at end insert ‘, where matters relating to national security |
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| Clause 4, page 5, line 19, at end insert ‘Otherwise the retention period is 6 years.’. |
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| Clause 4, page 5, line 21, at end add— |
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| | ‘(4) | If the person was under the age of 18 at the time of the offence the retention period |
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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 9, page 7, line 39, after ‘retained’, insert ‘for an initial period of six years, |
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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 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 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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| 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 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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| | Ireland of any provision of an Act of the Northern Ireland Assembly made in |
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| | 2011 or 2012 (whether before or after the passing of this Act) is the same as |
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| | the subject-matter in relation to England and Wales of any provision made by |
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| | any of sections 1 to 18 and 23 to 25 of this Act. |
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| | (2) | The Secretary of State may by order make excepted or reserved provision in |
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| | relation to Northern Ireland which is about the same subject-matter as any |
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| | provision made in relation to England and Wales by any of sections 1 to 18 and |
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| | (3) | The Secretary of State may by order make such provision as the Secretary of |
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| | State considers appropriate in consequence of the Act of the Northern Ireland |
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| | Assembly or an order under sub-paragraph (2). |
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| | (4) | The power to make an order under this paragraph— |
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| | (a) | is exercisable by statutory instrument, |
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| | (b) | includes power to make incidental, supplementary, transitional, |
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| | transitory or saving provision, |
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| | (c) | may, in particular, be exercised by amending, repealing, revoking or |
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| | otherwise modifying any provision made by or under an enactment |
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| | (5) | An order under this paragraph may not make provision which— |
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