Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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(3)
A constable may—
(a)
require the person to attend a police station for the purposes of
subsection (2), and
(b)
arrest without warrant a person who fails to comply with such a
requirement.
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(4)
A constable may use reasonable force in—
(a)
taking any relevant physical data under subsection (2)(a),
(b)
securing compliance with a requirement imposed by the constable
under that subsection, or
(c)
taking any sample under subsection (2)(b).
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(5)
A constable may, with the authority of an officer of a rank no lower than
inspector, use reasonable force in taking any sample under subsection (2)(c).
(6)
Any relevant physical data or sample obtained under this section, and
information derived from it, may be retained but may not be used by any
person except—
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(a)
for the purposes of a terrorist investigation, or
(b)
in the interests of national security.
(7)
Subject to subsection (6), any data or sample obtained under this section, or
information derived from it, may, in particular, be checked against—
(a)
other such data, samples or information,
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(b)
any of the relevant physical data, samples and information to which
section 20 of the 1995 Act applies,
(c)
any of the fingerprints, samples and information mentioned in section
63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984 (c. 60)
(checking of fingerprints and samples), and
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(d)
material to which section 18 of this Act applies (material not subject to
existing statutory restrictions).
(8)
In this section—
“control order” has the same meaning as in the Prevention of Terrorism
Act 2005 (c. 2);
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“person subject to a control order” means a person who has become
bound by a control order (see section 7(8) of the Prevention of
Terrorism Act 2005) that remains in force;
“relevant physical data” has the same meaning as it has for the purposes
of section 18 of the 1995 Act (see subsections (7A) and (7B) of that
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section);
“terrorist investigation” has the meaning given in section 32 of the
Terrorism Act 2000 (c. 11).
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Power to take fingerprints and samples: Northern Ireland
(1)
In Article 53(1) of the Police and Criminal Evidence (Northern Ireland) Order
40
1989 (S.I. 1989/1341 (N.I. 12)) (interpretation of Part VI), at the appropriate
places insert—
““control order” has the same meaning as in the Prevention of
Terrorism Act 2005;”;
““person subject to a control order” means a person who has
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become bound by a control order (see section 7(8) of the
Prevention of Terrorism Act 2005) that remains in force;”.

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Part 1 — Powers to gather and share information
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(2)
In Article 61 of that Order (fingerprinting), after paragraph (6B) insert—
“(6BA)
A constable may take a person’s fingerprints without the appropriate
consent if the person is subject to a control order.”.
(3)
In Article 63 of that Order (other samples), after paragraph (3B) insert—
“(3C)
A non-intimate sample may also be taken from a person without the
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appropriate consent if the person is subject to a control order.”.
(4)
In Article 63A of that Order (fingerprints and samples: supplementary
provisions)—
(a)
in paragraph (1) (checking against other fingerprints and samples),
after “reported for such an offence” insert “or he is or has been subject
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to a control order”;
(b)
after paragraph (6) insert—
“(6A)
A constable may require a person who is subject to a control
order to attend a police station in order to—
(a)
have his fingerprints taken in accordance with Article
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61(6BA);
(b)
have a non-intimate sample taken in accordance with
Article 63(3C).”.
(5)
In Article 64 of that Order (destruction of fingerprints and samples), after
paragraph (1A) insert—
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“(1AA)
Where fingerprints or samples are taken from a person who is subject
to a control order the fingerprints or samples may be retained after they
have fulfilled the purposes for which they were taken but shall not be
used by any person except as described in paragraph (1AB).”.
(6)
The following amendments of that Order are consequential on those above—
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(a)
in Article 61—
(i)
in paragraph (6C) after “paragraph (6A)” insert “or (6BA)”;
(ii)
in paragraph (7) for “or (6A)” substitute “, (6A) or (6BA)”;
(iii)
in paragraph (7A) after “paragraph (6A)”, in both places where
it occurs, insert “or (6BA)”;
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(b)
in Article 63—
(i)
in paragraph (8A) for “or (3B)” substitute “, (3B) or (3C)”;
(ii)
in the opening words of paragraph (8B) after “police station”
insert “or by virtue of paragraph (3C) at a place other than a
police station”;
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(iii)
in sub-paragraph (a) of that paragraph after “officer” insert “(or,
in a paragraph (3C) case, a constable)”;
(c)
in Article 63A(7) after “paragraph (4)” insert “or (6A)”;
(d)
in Article 64(1B), after “paragraph (1A)” insert “, (1AA)”.
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Power to take fingerprints and samples: transitional provision
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The provisions of—
section 10 (power to take fingerprints and samples: England and Wales),
section 11 (power to take fingerprints and samples: Scotland), and
section 12 (power to take fingerprints and samples: Northern Ireland),

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Part 1 — Powers to gather and share information
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have effect from the commencement of the relevant section regardless of when
the control order was made.
Retention and use of fingerprints and samples
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Material subject to the Police and Criminal Evidence Act 1984
(1)
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
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(2)
In section 63A(1) (fingerprints, impressions of footwear and samples: what
they may be checked against), for paragraphs (a) and (b) substitute—
“(a)
other fingerprints, impressions of footwear or samples—
(i)
to which the person seeking to check has access and
which are held by or on behalf of any one or more
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relevant law-enforcement authorities or are held in
connection with or as a result of an investigation of an
offence, or
(ii)
which are held by or on behalf of the Security Service or
the Secret Intelligence Service;
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(b)
information derived from other samples—
(i)
which is contained in records to which the person
seeking to check has access and which are held as
mentioned in paragraph (a)(i) above, or
(ii)
which is held by or on behalf of the Security Service or
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the Secret Intelligence Service.”.
(3)
In section 63A(1ZA) (fingerprints from a person whose identity is unclear:
what they may be checked against), for the words from “other fingerprints” to
the end, substitute “—
(a)
other fingerprints to which the person seeking to check has
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access and which are held by or on behalf of any one or more
relevant law-enforcement authorities or which are held in
connection with or as a result of an investigation of an offence,
or
(b)
which are held by or on behalf of the Security Service or the
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Secret Intelligence Service.”.
(4)
In section 64(1A) of that Act (purposes for which fingerprints, impressions of
footwear or samples may be retained and used), for the words from “except for
purposes” to the end substitute “except as described in subsection (1AB)”.
(5)
After subsection (1AA) (inserted by section 10), insert—
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“(1AB)
The fingerprints, impressions of footwear or samples may be used—
(a)
in the interests of national security,
(b)
for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution, or
(c)
for purposes related to the identification of a deceased person or
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of the person from whom the material came.”.
(6)
In subsection (1B) of that section, after “(1AA)” (inserted by section 10) insert
“or (1AB)”.

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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Material subject to the Police and Criminal Evidence (Northern Ireland)
Order 1989
(1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/
1341 (N.I. 12)) is amended as follows.
(2)
In Article 63A(1) (fingerprints and samples: what they may be checked
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against), for paragraphs (a) and (b), substitute—
“(a)
other fingerprints, impressions of footwear or samples—
(i)
to which the person seeking to check has access and
which are held by or on behalf of any one or more
relevant law-enforcement authorities or are held in
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connection with or as a result of an investigation of an
offence, or
(ii)
which are held by or on behalf of the Security Service or
the Secret Intelligence Service;
(b)
information derived from other samples—
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(i)
which is contained in records to which the person
seeking to check has access and which are held as
mentioned in paragraph (a)(i) above, or
(ii)
which is held by or on behalf of the Security Service or
the Secret Intelligence Service.”.
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(3)
In Article 63A(1ZA) (fingerprints from a person whose identity is unclear:
what they may be checked against), for “other fingerprints” to the end,
substitute “—
(a)
other fingerprints to which the person seeking to check has
access and which are held by or on behalf of any one or more
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relevant law-enforcement authorities or which are held in
connection with or as a result of an investigation of an offence,
or
(b)
which are held by or on behalf of the Security Service or the
Secret Intelligence Service.”.
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(4)
In Article 64(1A) of that Order (purposes for which fingerprints or samples
may be retained and used), for the words from “except for purposes” to the end
substitute “except as described in paragraph (1AB)”.
(5)
After paragraph (1AA) (inserted by section 12) insert—
“(1AB)
The fingerprints, impressions of footwear or samples may be used—
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(a)
in the interests of national security,
(b)
for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution, or
(c)
for purposes related to the identification of a deceased person or
of the person from whom the material came.”.
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(6)
In paragraph (1B) of that Article, after “(1AA)” (inserted by section 12) insert
“or (1AB)”.