Terrorism Prevention and Investigation Measures Bill (HL Bill 91)

(4) The appropriate judicial authority may, on such an application, grant the
warrant only if satisfied that the warrant is necessary for the purpose
mentioned in sub-paragraph (1).

(5) A constable may seize anything that the constable finds in the course of a
5search carried out under a power conferred by a warrant issued under this
paragraph—

(a) for the purpose of ascertaining whether any measure specified in the
TPIM notice has been, is being, or is about to be, contravened by the
individual;

(b) 10for the purpose of securing compliance by the individual with
measures specified in the TPIM notice;

(c) if the constable has reasonable grounds for suspecting that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being
15concealed, lost, damaged, altered or destroyed.

(6) In this paragraph “appropriate judicial authority”, in relation to a warrant,
means—

(a) a justice of the peace, if the application for the warrant is made in
England or Wales;

(b) 20the sheriff, if the application is made in Scotland;

(c) a lay magistrate, if the application is made in Northern Ireland.

9 (1) This paragraph applies in relation to a warrant issued in England, Wales or
Northern Ireland under paragraph 8 so far as it authorises a constable to
search an individual.

(2) 25In relation to warrants issued under that paragraph so far as authorising the
entry and search of premises, see—

(a) sections 15 and 16 of the Police and Criminal Evidence Act 1984, in
relation to warrants issued in England and Wales;

(b) Articles 17 and 18 of the Police and Criminal Evidence (Northern
30Ireland) Order 1989 (S.I. 1989/1341S.I. 1989/1341 (N. I. 12)), in relation to warrants
issued in Northern Ireland.

(3) The constable applying for the warrant must—

(a) state the ground on which the application is made, and

(b) identify, so far as practicable, the articles to be sought.

(4) 35The application for the warrant is to be made without notice and—

(a) if made in England or Wales, supported by an information in
writing;

(b) if made in Northern Ireland, supported by a complaint in writing
and substantiated on oath.

(5) 40The constable must answer on oath any questions that the appropriate
judicial authority (within the meaning of paragraph 8) hearing the
application may ask of the constable.

(6) If the warrant is issued it authorises a search of the individual on one
occasion only.

(7) 45The warrant must—

(a) specify the name of the constable applying for it, the date on which
it is issued and the fact that it is issued under paragraph 8, and

(b) identify, so far as practicable, the articles to be sought.

(8) Two copies must be made of the warrant and clearly certified as copies.

(9) The warrant may be executed by any constable.

(10) The search under the warrant must be carried out within 28 days of its issue.

(11) 5The search must be carried out at a reasonable hour unless it appears to the
constable executing the warrant that the purposes of the search may be
frustrated if carried out then.

(12) The constable seeking to execute the warrant must, before carrying out the
search—

(a) 10identify himself or herself to the individual,

(b) if not in uniform, produce documentary evidence that he or she is a
constable to the individual,

(c) produce the warrant to the individual, and

(d) supply the individual with a copy of the warrant (which, in Northern
15Ireland, must be a certified copy).

(13) The constable executing the warrant must make an endorsement on it
stating—

(a) whether anything sought was found in the course of the search, and

(b) whether anything was seized.

(14) 20When the warrant has been executed it must be returned to the designated
officer.

(15) The designated officer must retain a warrant returned under sub-paragraph
(14) for a period of 12 months from the time of its return and, if requested
during that period, allow the individual to inspect it.

(16) 25The “designated officer” is—

(a) in relation to a warrant issued in England and Wales, the designated
officer for the local justice area in which the justice of the peace who
issued the warrant was acting when it was issued;

(b) in relation to a warrant issued in Northern Ireland, the clerk for the
30petty sessions district in which the lay magistrate who issued the
warrant was acting when it was issued.

Search of individual for public safety purposes

10 (1) A constable may (without a warrant) search an individual in respect of
whom a TPIM notice is in force for the purpose of ascertaining whether the
35individual is in possession of anything that could be used to threaten or
harm any person.

(2) The power of a constable to search the individual under this paragraph may
be exercised—

(a) following entry onto premises by virtue of this Act, or

(b) 40at any other time when the constable is in the presence of the
individual.

(3) A constable may seize anything that the constable finds in the course of a
search carried out under a power conferred by this paragraph—

(a) if the constable has reasonable grounds for suspecting that the thing
may be used to threaten or harm any person;

(b) if the constable has reasonable grounds for suspecting that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) 5it is necessary to seize it to prevent it being concealed, lost,
damaged, altered or destroyed.

Power to retain items

11 (1) Anything that is seized under a power conferred by virtue of this Schedule
may be—

(a) 10subjected to tests;

(b) retained for as long as is necessary in all the circumstances.

(2) In particular (and regardless of the ground on which the thing was seized)—

(a) if a constable has reasonable grounds for believing that the thing is
or contains evidence in relation to an offence, it may be retained—

(i) 15for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection
with an offence; and

(b) if a constable has reasonable grounds for believing that the thing has
been obtained in consequence of the commission of an offence, it
20may be retained in order to establish its lawful owner.

(3) Nothing may be retained for either of the purposes mentioned in sub-
paragraph (2)(a) if a photograph or copy would be sufficient for that
purpose.

(4) Nothing in this paragraph or in paragraph 12 affects any power of a court to
25make an order under section 1 of the Police (Property) Act 1897.

12 (1) This paragraph applies if—

(a) a device is surrendered by virtue of a condition of the kind
mentioned in paragraph 7(4)(e) of Schedule 1 (surrendering of
electronic communication devices for inspection or modification
30purposes), and

(b) a constable has reasonable grounds for believing that the device is or
contains evidence in relation to an offence.

(2) The device may be seized and retained for as long as is necessary in all the
circumstances.

(3) 35In particular—

(a) the thing may be retained—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection
with an offence; and

(b) 40if a constable has reasonable grounds for believing that the device
has been obtained in consequence of the commission of an offence, it
may be retained in order to establish its lawful owner.

(4) Nothing may be retained for either of the purposes mentioned in sub-
paragraph (3)(a) if a photograph or copy would be sufficient for that
45purpose.

Section 25

SCHEDULE 6 Fingerprints and samples

Taking of fingerprints and samples: England, Wales and Northern Ireland

1 (1) This paragraph applies at any time when a TPIM notice is in force in respect
5of an individual in England, Wales or Northern Ireland.

(2) A constable may take fingerprints or a non-intimate sample from the
individual—

(a) with the consent of the individual given in writing, or

(b) without that consent.

(3) 10A constable may use reasonable force, if necessary, for the purpose of
exercising the power under sub-paragraph (2)(b).

(4) Before any fingerprints or a non-intimate sample are taken the individual
must be informed—

(a) of the reason for taking the fingerprints or sample,

(b) 15of the fact that the fingerprints or sample are taken under the power
conferred by this paragraph, and

(c) that the fingerprints or sample may be the subject of a relevant
search.

(5) The matters mentioned in sub-paragraph (4) must be recorded as soon as
20practicable after the fingerprints or non-intimate sample are taken.

(6) The information mentioned in sub-paragraph (4) must be given by—

(a) the constable taking the fingerprints or non-intimate sample, or

(b) if the fingerprints or non-intimate sample are taken at a police station
(see paragraph 3), any other officer.

(7) 25Where a sample of hair other than pubic hair is to be taken under this
paragraph, the sample may be taken either by cutting hairs or by plucking
hairs with their roots so long as no more are plucked than the person taking
the sample reasonably considers to be necessary for a sufficient sample.

2 (1) A constable may exercise the power under paragraph 1 to take fingerprints
30or a non-intimate sample from an individual only if at the time when the
power is to be exercised—

(a) in the case of fingerprints, the condition in sub-paragraph (2) is met;

(b) in the case of a sample, the condition in sub-paragraph (3) is met.

(2) The condition in the case of fingerprints is that—

(a) 35the individual has not had fingerprints taken under paragraph 1 on
a previous occasion after the time on which the present TPIM notice
came into force, or

(b) fingerprints were so taken on a previous occasion after that time
but—

(i) 40the fingerprints taken do not constitute a complete set of the
individual’s fingerprints, or

(ii) some or all of the fingerprints taken are not of sufficient
quality to allow satisfactory analysis, comparison or
matching.

(3) The condition in the case of a non-intimate sample is that—

(a) the individual has not had a sample of the same type and from the
same part of the body taken under paragraph 1 on a previous
occasion after the time on which the present TPIM notice came into
5force, or

(b) a sample was so taken on a previous occasion after that time but it
proved insufficient.

(4) In this paragraph “the present TPIM notice” means the TPIM notice in force
at the time when it is proposed to exercise the power to take the fingerprints
10or sample.

3 (1) A constable may—

(a) require an individual to attend a police station for the purposes of
taking fingerprints or a non-intimate sample from the individual
under paragraph 1, and

(b) 15arrest without warrant an individual who fails to comply with such
a requirement.

(2) A requirement under sub-paragraph (1)(a)—

(a) must give the individual a period of at least 7 days within which the
individual must attend the police station (subject to sub-paragraph
20(4)), and

(b) may direct the individual to attend at a specified time of day or
between specified times of day.

(3) In specifying a period or time or times of day for the purposes of sub-
paragraph (2), the constable must consider whether the fingerprints or non-
25intimate sample could reasonably be taken at a time when the individual is
for any other reason required to attend the police station (including, in
particular, under measures imposed on the individual by virtue of
paragraph 10 of Schedule 1).

(4) In giving a requirement under this paragraph a constable may specify a
30period of shorter than 7 days if—

(a) there is an urgent need for the fingerprints or sample for the
purposes of the investigation of an offence, and

(b) the shorter period is authorised by an officer of at least the rank of
inspector.

(5) 35Where an authorisation is given under sub-paragraph (4)(b)—

(a) the fact of the authorisation, and

(b) the reasons for giving it,

must be recorded as soon as practicable after it has been given.

(6) If the constable who gives a requirement to an individual under this
40paragraph and the individual agree, it may be varied so as to specify any
period within which, or date or time at which, the individual must attend;
but a variation does not have effect unless confirmed by the constable in
writing.

Taking of relevant physical data and samples: Scotland

4 (1) 45This paragraph applies at any time when a TPIM notice is in force in respect
of an individual in Scotland.

(2) A constable may—

(a) take from the individual, or require the individual to provide, any
relevant physical data;

(b) with the authority of an officer of a rank no lower than inspector,
5take from the individual any sample mentioned in paragraph (a), (b)
or (c) of subsection (6) of section 18 of the Criminal Procedure
(Scotland) Act 1995 (prints, samples etc in criminal investigations) by
the means specified in that paragraph in relation to the sample;

(c) take, or direct a police custody and security officer to take, from the
10individual a sample mentioned in subsection (6A) of that section by
the means specified in that subsection.

(3) A constable may—

(a) require the individual to attend a police station for the purposes
mentioned in sub-paragraph (2), and

(b) 15arrest without warrant an individual who fails to comply with such
a requirement.

(4) A requirement under sub-paragraph (3)(a)—

(a) must give the individual at least 7 days’ notice of the date on which
the individual is required to attend the police station, and

(b) 20may direct the individual to attend at a specified time of day or
between specified times of day.

(5) In specifying a date or time or times of day for the purposes of sub-
paragraph (4), the constable must consider whether the relevant physical
data or sample could reasonably be taken at a time when the individual is
25for any other reason required to attend the police station (including, in
particular, under measures imposed on the individual by virtue of
paragraph 10 of Schedule 1).

(6) A constable may use reasonable force, if necessary, in—

(a) taking any relevant physical data under sub-paragraph (2)(a),

(b) 30securing compliance with a requirement imposed by the constable
under that sub-paragraph, or

(c) taking any sample under sub-paragraph (2)(b).

(7) A constable may, with the authority of an officer of a rank no lower than
inspector, use reasonable force, if necessary, in taking any sample under
35sub-paragraph (2)(c).

Checking of fingerprints, samples etc

5 Any fingerprints, data or samples obtained under paragraph 1 or 4, or
information derived from such samples, may be checked against—

(a) other such fingerprints, data or samples or any information derived
40from such a sample,

(b) any fingerprints or samples taken under paragraph 10 or 12 of
Schedule 8 to the Terrorism Act 2000 or any information derived
from such a sample,

(c) any relevant physical data taken or provided by virtue of paragraph
4520 of that Schedule, any samples taken by virtue of that paragraph or
any information derived from such a sample,

(d) material to which section 18 of the Counter-Terrorism Act 2008
applies,

(e) any fingerprints, samples or information mentioned in section
63A(1)(a) or (b) of the Police and Criminal Evidence Act 1984,

(f) 5any of the relevant physical data, samples or information mentioned
in section 19C(1) of the Criminal Procedure (Scotland) Act 1995,

(g) any of the relevant physical data, samples or information held by
virtue of section 56 of the Criminal Justice (Scotland) Act 2003, and

(h) any fingerprints, samples or information mentioned in Article
1063A(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) This paragraph applies to—

(a) fingerprints taken under paragraph 1,

(b) 15a DNA profile derived from a DNA sample taken under that
paragraph,

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

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

(2) 20Fingerprints, 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
material or, in the case of a DNA profile, the taking of the sample from which
the DNA profile was derived, was unlawful.

(3) 25In 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
sub-paragraph (3) may continue to be retained under any other such power
that applies to it.

(5) 30Nothing 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
search to be desirable.

7 (1) If fingerprints or relevant physical data are required by paragraph 6 to be
35destroyed, 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
be retained by a police force except in a form which does not include
information which identifies the individual to whom the DNA profile
40relates.

Retention of paragraph 6 material

8 (1) This paragraph applies to paragraph 6 material taken from, or provided by,
an 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)
and (4)).

(3) 5If, 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) any decision made on an appeal against that decision.

(4) 10If, 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
retained by virtue of sub-paragraph (2), or

(b) 15within, 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
revived or new TPIM notice).

(5) 20In 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) This paragraph applies to paragraph 6 material taken from, or provided by,
25an 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) who is so convicted before the end of the period within which the
30material 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) in relation to a recordable offence in England and Wales or Northern
35Ireland—

(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) the individual has been found not guilty of the offence by
40reason 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
section 65 of the Crime and Disorder Act 1998 for the offence,

(b) 45the 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) a 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
5insanity 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) 10the 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) the fixed penalty, or

(ii) 15(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
section 246(3) of the Criminal Procedure (Scotland) Act 1995.

(2) 20Paragraphs 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) an individual has no previous convictions if the individual has not
25previously 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
imprisonment, and

(b) 30if 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
18.

(4) 35In 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) in relation to a conviction in respect of a recordable offence
40committed 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
course of action, those convictions are to be treated as a single conviction for
45the 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
relation 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) 5must 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) 10This paragraph applies to—

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

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

(2) Samples 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
15unlawful.

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

(4) A 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) 20if 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
the end of the period of 6 months beginning with the date on which it was
taken.

(6) 25Nothing 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
police considers the search to be desirable.

Use of retained material

13 (1) 30Any material to which paragraph 6 or 12 applies must not be used other
than—

(a) in the interests of national security,

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

(c) 35for 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
the person to whom the material relates.

(2) Material which is required by paragraph 6 or 12 to be destroyed must not at
40any 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) In this paragraph—