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Orders of the Day
Criminal Justice Bill
[2nd Allotted Day]
As amended in the Standing Committee, further considered.
Government New Clause 14
Taking Fingerprints Without Consent
'(1) Section 61 of the 1984 Act (fingerprinting) is amended as follows.
(2) For subsections (3) and (4) (taking of fingerprints without appropriate consent) there is substituted—
"(3) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
(a) he is detained in consequence of his arrest for a recordable offence; and
(b) he has not had his fingerprints taken in the course of the investigation of the offence by the police.
(4) The fingerprints of a person detained at a police station may be taken without the appropriate consent if—
(a) he has been charged with a recordable offence or informed that he will be reported for such an offence; and
(b) he has not had his fingerprints taken in the course of the investigation of the offence by the police."
(3) In subsection (3A) (disregard of incomplete or unsatisfactory fingerprints) for the words from the beginning to "subsection (3) above" there is substituted "Where a person mentioned in paragraph (a) of subsection (3) or (4) has already had his fingerprints taken in the course of the investigation of the offence by the police".
(4) In subsection (5) (authorisation to be given or confirmed in writing) for "subsection (3)(a) or (4A)" there is substituted "subsection (4A)".
(5) In subsection (7) (reasons for taking of fingerprints without consent) for "subsection (3) or (6)" there is substituted "subsection (3), (4) or (6)".'.
Brought up, and read the First time.
4.3 pm
The Parliamentary Under-Secretary of State for the Home Department (Mr. Bob Ainsworth) : I beg to move, That the clause be read a Second time.
Mr. Speaker : With this it will be convenient to discuss the following:
Amendment (a) to the proposed new clause, in subsection (3)(a) after 'offence', insert
'and an officer of at least the rank of inspector authorises them to be taken'.
Government new clause 15—Taking non-intimate samples without consent—
- '(1) Section 63 of the 1984 Act (other samples) is amended as follows.
(2) After subsection (2) (consent to be given in writing) there is inserted—
"(2A) A non-intimate sample may be taken from a person without the appropriate consent if two conditions are satisfied.
(2B) The first is that the person is in police detention in consequence of his arrest for a recordable offence.
(2C) The second is that—
(a) he has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation of the offence by the police, or
(b) he has had such a sample taken but it proved insufficient."
(3) In subsection (3)(a) (taking of samples without appropriate consent) the words "is in police detention or" are omitted.
(4) In subsection (3A) (taking of samples without appropriate consent after charge) for "(whether or not he falls within subsection (3)(a) above)" there is substituted "(whether or not he is in police detention or held in custody by the police on the authority of a court)".
(5) In subsection (8A) (reasons for taking of samples without consent) for "subsection (3A)" there is substituted "subsection (2A), (3A)".'.
- '(2D) The third is that an officer of at least the rank of inspector authorises them to be taken.'.
'.— After subsection (5) of section 24 of the 1984 Act there is inserted—
"(5A) Any person may arrest, without warrant, any person who is accused by an apparently credible witness of having committed an arrestable offence shortly before the accusation is made.".'.
New clause 55—Destruction of fingerprints and samples—
'(1) Section 64 of the 1984 Act (destruction of fingerprints and samples) is amended as follows:
(2) In subsection (3) the words ', except as provided in the following provisions of this section,' are omitted.
(3) Subsections (3AA), (3AB) and (3AC) are omitted.'.
Amendment No. 122, in page 5, line 18 [Clause 7], leave out 'and' and insert—
'(ba) The Law Society of England and Wales,
(bb) The Bar Council,
(bc) The Institute of Legal Executives, and'.
Amendment No. 167, in page 5, line 18 [Clause 7], leave out 'and' and insert—
'(ba) the Home Affairs Committee'.
Amendment No. 54, in page 5, line 21 [Clause 7], at end insert—
'(6) No code or revised code issued under this section shall have effect until approved by a resolution of each House of Parliament.'.
Amendment No. 55, in page 5, line 36 [Clause 7], at end insert—
'(7A) No code or revised code issued under this section shall have effect until approved by resolution of each House of Parliament.'.
Amendment No. 169, in page 6, line 2, leave out clause 9.
Amendment No. 57, in page 6, line 7 [Clause 9], leave out second 'a' and insert 'such'.
Amendment No. 58, in page 6, line 7 [Clause 9], leave out second 'drug' and insert 'drugs'.
Amendment No. 59, in page 6, line 8 [Clause 9], at end insert—
'as are identified as cannabis or cannabis resin'.
Amendment No. 170, in page 6, line 41 [Clause 10], leave out 'different' and insert 'higher'.
Government amendments Nos. 231 and 109.
Mr. Ainsworth: I shall speak mainly to Government new clauses 14 and 15 and Government amendments Nos. 231 and 109, and deal with the other amendments in a diverse group as briefly as I can.
Under the Police and Criminal Evidence Act 1984, the police may currently take fingerprints from all those charged with, informed that they will be reported for, or convicted of, a recordable offence. With the authority of an inspector, the police may also take fingerprints from those suspected of a criminal offence where there are reasonable grounds for believing that the fingerprints will tend to confirm or disprove the suspect's involvement.
PACE also permits the police to take a person's fingerprints when they have reason to believe that they will confirm, disprove or assist in ascertaining the suspect's identity. An inspector's authority is required and the person must have refused to identify himself or herself or the officer must have reasonable grounds to suspect that the person is not who they claim to be. So the police can miss the opportunity to establish a detained person's true identity if they lie about who they are and the police have no reason to suspect that they have lied.
The problem presents itself even more acutely now that we have the new Livescan technology, which can check a fingerprint against national records while the detained person can be reasonably expected to be in custody. New clause 14 will enable those who seek to evade justice by giving the police a false identity to be properly identified and dealt with through the due process of law. There will be a link to the police national computer, which may reveal whether the person is believed to be a danger to themselves or to others, or perhaps requires medication or an appropriate adult to be present during an interview.
New clause 14 has been welcomed by the police. The power to take fingerprints pre-charge has civil liberties implications. I recognise those concerns, but the intrusion on personal liberty is both necessary and proportionate to the benefits for the victims of crime and society generally, in detecting crime and protecting the public from criminals.
The Court of Appeal has recently considered those issues in a judicial review brought by a juvenile known as S and an individual known as Michael Marper against the chief constable of South Yorkshire. Both had their fingerprints and a sample of DNA taken when they were charged and each asked the chief constable to destroy their fingerprints and DNA samples and to remove their DNA profile from the national database. When proceedings against them had finished, the chief constable decided to retain the fingerprints. The Court of Appeal found that, although limited interference under article 8(1) of the European convention on human rights took place, it was proportionate to the benefits that accrue to the victims of crime and society as a whole and to the prevention and detection of crime.
New clause 15 would allow non-intimate samples to be taken from anyone arrested for a recordable offence and detained in a police station. A non-intimate sample is defined by section 65 of PACE and includes hair, mouth swabs, saliva and skin impressions. Currently, the police may take non-intimate samples from all those charged with, informed that they will be reported for, or convicted of a recordable offence. On the authority of an inspector, a non-intimate sample may be taken from those suspected of a recordable offence where reasonable grounds exist to believe that the sample will tend to confirm or disprove the suspect's identity.
The new power to take non-intimate samples from people arrested for a recordable offence and detained at a police station will enable a DNA profile to be obtained and a search to be made on the database for matches with a crime-scene stain.
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