Terrorism Prevention and Investigation Measures Bill (HC Bill 211)

(h) any fingerprints, samples or information mentioned in Article
63A(1)(a) and (b) of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/1341S.I. 1989/1341 (N. I. 12)).

Requirement to destroy material

6 (1) 5This paragraph applies to—

(a) fingerprints taken under paragraph 1,

(b) a DNA profile derived from a DNA sample taken under that
paragraph,

(c) relevant physical data taken or provided under paragraph 4,

(d) 10a DNA profile derived from a DNA sample taken under that
paragraph.

(2) Fingerprints, relevant physical data and DNA profiles to which this
paragraph applies (“paragraph 6 material”) must be destroyed if it appears
to the responsible chief officer of police that the taking or providing of the
15material or, in the case of a DNA profile, the taking of the sample from which
the DNA profile was derived, was unlawful.

(3) In any other case, paragraph 6 material must be destroyed unless it is
retained under a power conferred by paragraph 8, 9 or 11.

(4) Paragraph 6 material that ceases to be retained under a power mentioned in
20sub-paragraph (3) may continue to be retained under any other such power
that applies to it.

(5) Nothing in this paragraph prevents a relevant search from being carried out,
in relation to paragraph 6 material, within such time as may reasonably be
required for the search if the responsible chief officer of police considers the
25search to be desirable.

7 (1) If fingerprints or relevant physical data are required by paragraph 6 to be
destroyed, any copies of the fingerprints or data held by a police force must
also be destroyed.

(2) If a DNA profile is required by that paragraph to be destroyed, no copy may
30be retained by a police force except in a form which does not include
information which identifies the individual to whom the DNA profile
relates.

Retention of paragraph 6 material

8 (1) This paragraph applies to paragraph 6 material taken from, or provided by,
35an individual who has no previous convictions or (in the case of England
and Wales or Northern Ireland) only one exempt conviction.

(2) The material may be retained until the end of the period of 6 months
beginning with the date on which the TPIM notice that was in force when
the material was taken ceases to be in force (subject to sub-paragraphs (3)
40and (4)).

(3) If, before the end of that period, the TPIM notice is quashed by the court
under this Act, the material may be retained only until there is no possibility
of an appeal against—

(a) the decision to quash the notice, or

(b) 45any decision made on an appeal against that decision.

(4) If, after a TPIM notice is quashed or otherwise ceases to be in force, measures
are imposed on the individual (whether by the revival of a TPIM notice or
the imposition of a new TPIM notice)—

(a) within the period for which material in relation to the individual is
5retained by virtue of sub-paragraph (2), or

(b) within, or immediately after the end of, the period for which such
material is retained by virtue of sub-paragraph (3),

sub-paragraphs (2) and (3) apply again for the purposes of the retention of
that material (taking references to the TPIM notice as references to the
10revived or new TPIM notice).

(5) In determining whether there is no further possibility of an appeal against a
decision of the kind mentioned in sub-paragraph (3), any power to extend
the time for giving notice of application for leave to appeal, or for applying
for leave to appeal, must be ignored.

9 (1) 15This paragraph applies to paragraph 6 material taken from, or provided by,
an individual—

(a) who has been convicted of a recordable offence (other than a single
exempt conviction) or of an offence in Scotland which is punishable
by imprisonment, or

(b) 20who is so convicted before the end of the period within which the
material may be retained by virtue of paragraph 8.

(2) The material may be retained indefinitely.

10 (1) For the purposes of paragraphs 8 and 9 an individual is to be treated as
having been convicted of an offence if—

(a) 25in relation to a recordable offence in England and Wales or Northern
Ireland—

(i) the individual has been given a caution in respect of the
offence which, at the time of the caution, the individual has
admitted,

(ii) 30the individual has been found not guilty of the offence by
reason of insanity,

(iii) the individual has been found to be under a disability and to
have done the act charged in respect of the offence, or

(iv) the individual has been warned or reprimanded under
35section 65 of the Crime and Disorder Act 1998 for the offence,

(b) the individual, in relation to an offence in Scotland punishable by
imprisonment, has accepted or has been deemed to accept—

(i) a conditional offer under section 302 of the Criminal
Procedure (Scotland) Act 1995,

(ii) 40a compensation offer under section 302A of that Act,

(iii) a combined offer under section 302B of that Act, or

(iv) a work offer under section 303ZA of that Act,

(c) the individual, in relation to an offence in Scotland punishable by
imprisonment, has been acquitted on account of the individual’s
45insanity at the time of the offence or (as the case may be) by virtue of
section 51A of the Criminal Procedure (Scotland) Act 1995,

(d) a finding in respect of the individual has been made under section
55(2) of the Criminal Procedure (Scotland) Act 1995 in relation to an
offence in Scotland punishable by imprisonment,

(e) the individual, having been given a fixed penalty notice under
section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 in
connection with an offence in Scotland punishable by imprisonment,
has paid—

(i) 5the fixed penalty, or

(ii) (as the case may be) the sum which the individual is liable to
pay by virtue of section 131(5) of that Act, or

(f) the individual, in relation to an offence in Scotland punishable by
imprisonment, has been discharged absolutely by order under
10section 246(3) of the Criminal Procedure (Scotland) Act 1995.

(2) Paragraphs 8, 9 and this paragraph, so far as they relate to individuals
convicted of an offence, have effect despite anything in the Rehabilitation of
Offenders Act 1974.

(3) For the purposes of paragraphs 8 and 9—

(a) 15an individual has no previous convictions if the individual has not
previously been convicted—

(i) in England and Wales or Northern Ireland of a recordable
offence, or

(ii) in Scotland of an offence which is punishable by
20imprisonment, and

(b) if the individual has previously been convicted of a recordable
offence in England and Wales or Northern Ireland, the conviction is
exempt if it is in respect of a recordable offence, other than a
qualifying offence, committed when the individual was aged under
2518.

(4) In sub-paragraph (3) “qualifying offence” has—

(a) in relation to a conviction in respect of a recordable offence
committed in England and Wales, the meaning given by section 65A
of the Police and Criminal Evidence Act 1984, and

(b) 30in relation to a conviction in respect of a recordable offence
committed in Northern Ireland, the meaning given by Article 53A of
the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I.
1989/1341 (N. I. 12)).

(5) If an individual is convicted of more than one offence arising out of a single
35course of action, those convictions are to be treated as a single conviction for
the purposes of calculating under paragraph 8 or 9 whether the individual
has been convicted of one offence.

11 (1) Paragraph 6 material may be retained for as long as a national security
determination made by the responsible chief officer of police has effect in
40relation to it.

(2) A national security determination is made if the responsible chief officer of
police determines that it is necessary for any paragraph 6 material to be
retained for the purposes of national security.

(3) A national security determination—

(a) 45must be in writing,

(b) has effect for a maximum of 2 years beginning with the date on
which the determination is made, and

(c) may be renewed.

Requirement to destroy samples

12 (1) This paragraph applies to—

(a) non-intimate samples taken under paragraph 1, or

(b) samples taken under paragraph 4(2)(b) or (c).

(2) 5Samples to which this paragraph applies must be destroyed if it appears to
the responsible chief officer of police that the taking of the sample was
unlawful.

(3) Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5)
applies.

(4) 10A DNA sample to which this paragraph applies must be destroyed—

(a) as soon as a DNA profile has been derived from the sample, or

(b) if sooner, before the end of the period of 6 months beginning with the
date on which the sample was taken.

(5) Any other sample to which this paragraph applies must be destroyed before
15the end of the period of 6 months beginning with the date on which it was
taken.

(6) Nothing in this paragraph prevents a relevant search, in relation to samples
to which this paragraph applies, from being carried out within such time as
may reasonably be required for the search if the responsible chief officer of
20police considers the search to be desirable.

Use of retained material

13 (1) Any material to which paragraph 6 or 12 applies must not be used other
than—

(a) in the interests of national security,

(b) 25for the purposes of a terrorist investigation within the meaning of the
Terrorism Act 2000 (see section 32 of that Act),

(c) for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution, or

(d) for purposes related to the identification of a deceased person or of
30the person to whom the material relates.

(2) Material which is required by paragraph 6 or 12 to be destroyed must not at
any time after it is required to be destroyed be used—

(a) in evidence against the individual to whom the material relates, or

(b) for the purposes of the investigation of any offence.

(3) 35In this paragraph—

(a) the reference to using material includes a reference to allowing any
check to be made against it and to disclosing it to any person,

(b) the reference to crime includes a reference to any conduct which—

(i) constitutes one or more criminal offences (whether under the
40law of a part of the United Kingdom or of a country or
territory outside the United Kingdom), or

(ii) is, or corresponds to, any conduct which, if it all took place in
any one part of the United Kingdom, would constitute one or
more criminal offences, and

(c) the references to an investigation and to a prosecution include
references, respectively, to any investigation outside the United
Kingdom of any crime or suspected crime and to a prosecution
brought in respect of any crime in a country or territory outside the
5United Kingdom.

Interpretation

14 In this Schedule—

• “DNA profile” means any information derived from a DNA sample;

• “DNA sample” means any material that has come from a human body
  10and consists of or includes human cells;

• “fingerprints” has the meaning given by section 65(1) of the Police and
  Criminal Evidence Act 1984;

• “non-intimate sample” has the meaning given by section 65(1) of the
  Police and Criminal Evidence Act 1984;

• 15“paragraph 6 material” has the meaning given by paragraph 6(2);

• “police force” means any of the following—

  (a)

  the metropolitan police force;

  (b)

  a police force maintained under section 2 of the Police Act
  1996 (police forces in England and Wales outside London);

  (c)

  20the City of London police force;

  (d)

  any police force maintained under or by virtue of section 1 of
  the Police (Scotland) Act 1967;

  (e)

  the Scottish Police Services Authority;

  (f)

  the Police Service of Northern Ireland;

  (g)

  25the Police Service of Northern Ireland Reserve;

  (h)

  the Ministry of Defence Police;

  (i)

  the Royal Navy Police;

  (j)

  the Royal Military Police;

  (k)

  the Royal Air Force Police;

  (l)

  30the British Transport Police;

• “recordable offence” has—

  (a)

  in relation to a conviction in England and Wales, the meaning
  given by section 118(1) of the Police and Criminal Evidence
  Act 1984, and

  (b)

  35in relation to a conviction in Northern Ireland, the meaning
  given by Article 2(2) of the Police and Criminal Evidence
  (Northern Ireland) Order 1989 (S.I. 1989/1341S.I. 1989/1341 (N. I. 12));

• “relevant physical data” has the meaning given by section 18(7A) of the
  Criminal Procedure (Scotland) Act 1995;

• 40“relevant search” means a search carried out for the purpose of
  checking any fingerprints, samples, data or information against any
  of the fingerprints, samples, data or information mentioned in
  paragraph 5(a) to (h);

• “responsible chief officer of police” means, in relation to fingerprints or
  45samples taken in England or Wales, or a DNA profile derived from a
  sample so taken, the chief officer of police for the police area—

  (a)

  in which the material concerned was taken, or

  (b)

  in the case of a DNA profile, in which the sample from which
  the DNA profile was derived was taken;

Terrorism Prevention and Investigation Measures BillPage 45

• “responsible chief officer of police” means, in relation to relevant
  physical data or samples taken or provided in Scotland, or a DNA
  profile derived from a sample so taken, the chief constable of the
  police force for the area—

  (a)

  5in which the material concerned was taken or provided, or

  (b)

  in the case of a DNA profile, in which the sample from which
  the DNA profile was derived was taken;

• “responsible chief officer of police” means, in relation to fingerprints or
  samples taken in Northern Ireland, or a DNA profile derived from a
  10sample so taken, the Chief Constable of the Police Service of
  Northern Ireland;

• “sufficient” and “insufficient”, in relation to a sample, have the same
  meaning as in Part 5 of the Police and Criminal Evidence Act 1984
  (see section 65(1) and (2) of that Act).

Section 25

15SCHEDULE 7 Minor and consequential amendments

Part 1 General

Senior Courts Act 1981

1 20In paragraph 2 of Schedule 1 to the Senior Courts Act 1981 (business
allocated to the Queen’s Bench Division)—

(a) omit sub-paragraph (ba), and

(b) after sub-paragraph (bc) insert—

“(bd) all TPIM proceedings (within the meaning of the
25Terrorism Prevention and Investigation Measures
Act 2011);”.

Police and Criminal Evidence Act 1984

2 In Schedule 2A to the Police and Criminal Evidence Act 1984 (fingerprints
and samples: power to require attendance at police station), omit
30paragraphs 4 and 12.

Criminal Justice Act 1988

3 In section 133(5) of the Criminal Justice Act 1988 (compensation for
miscarriages of justice)—

(a) omit paragraph (d), and

(b) 35at the end of paragraph (e) insert “; or

(f) on an appeal under Schedule 3 to the Terrorism
Prevention and Investigation Measures Act 2011.”.

Regulation of Investigatory Powers Act 2000

4 (1) Section 18 of the Regulation of Investigatory Powers Act 2000 (exceptions to
exclusion of intercepted communications etc from legal proceedings) is
amended as follows.

(2) 5In subsection (1)—

(a) omit paragraph (da), and

(b) after paragraph (dc) insert—

“(dd) any TPIM proceedings (within the meaning of the
Terrorism Prevention and Investigation Measures
10Act 2011) or any proceedings arising out of such
proceedings;”.

(3) In subsection (2)—

(a) for “(da)” (before “to (f)”) substitute “(db)”,

(b) omit paragraph (za), and

(c) 15after paragraph (zb) insert—

“(zc) in the case of proceedings falling within paragraph
(dd), to—

(i) a person, other than the Secretary of State,
who is or was a party to the proceedings, or

(ii) 20any person who for the purposes of the
proceedings (but otherwise than by virtue of
appointment as a special advocate under
Schedule 4 to the Terrorism Prevention and
Investigation Measures Act 2011) represents a
25person falling within sub-paragraph (i);”.

Counter-Terrorism Act 2008

5 (1) The Counter-Terrorism Act 2008 is amended as follows.

(2) In section 1 (power to remove documents for examination), in subsection
(1)—

(a) 30omit paragraph (e);

(b) after paragraph (f) insert—

“(g) paragraphs 6, 7, 8 or 10 of Schedule 5 to the Terrorism
Prevention and Investigation Measures Act 2011.”.

(3) Omit sections 10 to 13 (power to take fingerprints and samples from person
35subject to control order).

(4) Omit sections 78 to 81 (provision in relation to control orders).

Crime and Security Act 2010

6 (1) The Crime and Security Act 2010 is amended as follows.

(2) In section 6(2) (power to require attendance at police station), in Schedule 2A
40inserted into the Police and Criminal Evidence Act 1984, omit paragraphs 4
and 12.

(3) In section 12(2) (power to require attendance at police station), in Schedule
2A inserted into the Police and Criminal Evidence (Northern Ireland) Order
1984, omit paragraphs 4 and 12.

(4) Omit section 20 (material subject to the Counter-Terrorism Act 2008
5(Scotland)).

(5) Omit—

(a) section 56 (persons subject to control orders: powers of search and
seizure), and

(b) section 58(16) (extent of section 56).

10Part 2 Northern Ireland

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)S.I. 1989/1341 (N.I. 12))

7 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is
amended as follows.

(2) 15In Article 26(2) (offences for which an arrest may be made without a warrant
in Northern Ireland), in paragraph (o), for “section 9(3) of the Prevention of
Terrorism Act 2005” substitute “section 21(1) of the Terrorism Prevention
and Investigation Measures Act 2011”.

(3) In Schedule 2A (fingerprints and samples: power to require attendance at
20police station), omit paragraphs 4 and 12.

Section 25

SCHEDULE 8 Transitional and saving provision

Saving of control orders during transitional period

1 A control order which is in force immediately before commencement is to
25remain in force until the end of the transitional period (unless revoked or
quashed before the end of that period).

Savings during and after transitional period

2 (1) An enactment which is amended or repealed by this Act is to continue to
apply after commencement in relation to—

(a) 30control orders made before commencement, and

(b) the operation before commencement of the PTA 2005,

as if the enactment had not been so amended or repealed.

(2) Sub-paragraph (1) is subject to paragraph 3(2) and (3).

Savings etc for court proceedings

3 (1) 35The repeal of the PTA 2005 by this Act does not, after commencement,
prevent or otherwise effect—

(a) the court’s consideration of a reference made under section 3(3)(a) of
the PTA 2005 before commencement;

(b) the holding or continuation of any hearing in pursuance of directions
under section 3(2)(c) or (6)(b) or (c) of the PTA 2005;

(c) 5the bringing or continuation of any appeal under section 10(1) or (3)
of the PTA 2005;

(d) the bringing or continuation of any appeal, or further appeal,
relating to a decision in any proceedings mentioned in any of sub-
paragraphs (a) to (c) of this sub-paragraph; or

(e) 10the bringing or continuation of any proceedings for an award of
damages or other relief arising out of any such proceedings.

(2) But, after commencement, proceedings mentioned in any of sub-paragraphs
(a) to (d) of sub-paragraph (1) (whether the proceedings began before or
after commencement) may not have a purpose other than determining
15whether one or more of the following should be quashed—

(a) a certificate of the kind mentioned in section 3(8) of the PTA 2005;

(b) a control order;

(c) the renewal of a control order; or

(d) an obligation imposed by a control order.

(3) 20Except as permitted by sub-paragraphs (1) and (2), no control order
proceedings (within the meaning of section 11(6) of the PTA 2005) may be
entertained after commencement.

New powers not affected by previous control order

4 The Secretary of State’s powers under this Act in relation to an individual
25are not affected by a control order having been made in relation to that
individual.

Last review of exercise of powers under PTA 2005

5 (1) Section 14(1) of the PTA 2005 applies to the period that—

(a) begins immediately after the end of the last relevant 3 month period
30to end before commencement, and

(b) ends immediately before commencement,

as if that period were a relevant 3 month period.

(2) In this paragraph “relevant 3 month period” has the same meaning as in
section 14 of the PTA 2005.

35Last review of operation of PTA 2005

6 (1) Section 14(3) of the PTA 2005 does not apply to the last PTA review year.

(2) But section 14(3) applies to the period that—

(a) begins with the start of the last PTA review year, and

(b) ends immediately before commencement,

40as if that period were a PTA review year.

(3) In this paragraph—

• “last PTA review year” means the last PTA review year to end before
  commencement;

Terrorism Prevention and Investigation Measures BillPage 49

• “PTA review year” means a period determined in accordance with
  section 14(3)(b) of the PTA 2005.

Savings of PTA 2005 not affected by expected expiry

7 The fact that sections 1 to 9 of the PTA 2005 would have expired (but for their
5repeal by this Act) by virtue of section 13 of the PTA 2005 at a time after
commencement does not prevent those sections from continuing to apply in
accordance with, or for the purposes of, any other provision of this Schedule
after the time when those sections would have so expired.

First review of operation of Act

8 (1) 10The review carried out under section 20(2) in respect of the first review year
must also include a review in respect of so much of the preceding calendar
year as falls on or after commencement (but for the purposes of section 20(3)
that part of the review is to be treated as relating the first review year).

(2) In this paragraph “first review year” means the first complete calendar year
15beginning after the passing of this Act.

Interpretation

9 In this Schedule—

• “commencement” means the coming into force of this Act;

• “control order” has the same meaning as in the PTA 2005;

• 20“PTA 2005” means the Prevention of Terrorism Act 2005;

• “transitional period” means the period of 28 days that begins with the
  day of commencement.