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| | Protection of Freedoms Bill
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| | [Fifth and Sixth sittings]
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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| | | ‘(d) | prescribed circumstances will be set out in draft guidance by the |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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| | | That if, on Tuesday 5 April, references to specific times in the Standing Orders of this |
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| | | House shall apply as if that day were a Wednesday, the Order of the Committee of 22 |
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| | | March shall be amended as follows—
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| | | In paragraph (1)(d) leave out ‘10.30 am and 4.00 pm’ and insert ‘9.00 am and 1.30 pm’. |
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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 Agreed to on division. |
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| | Clause 4, page 5, line 19, at end insert ‘Otherwise the retention period is 6 years.’. |
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