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
6

8
Return of documents
(1)
Where a document removed under section 1 is required to be returned, it must
be returned—
(a)
where the document was found in the course of a search of a person, to
that person;
5
(b)
where the document was found in the course of a search of any
premises, to the occupier of the premises when it was found.
(2)
Subsection (1) does not apply where a person who is required to return the
document is satisfied that another person has a better right to it; and in such a
case it must be returned—
10
(a)
to that other person, or
(b)
to whoever appears to the person required to return the document to
have the best right to it.
(3)
Where different persons claim to be entitled to the return of the document, it
may be retained for as long as is reasonably necessary for the determination of
15
the person to whom it must be returned.
(4)
This section also applies in relation to a copy of a document that is required to
be returned at the same time as the original; and in such a case references to the
document in paragraphs (a) and (b) of subsection (1) are to the original.
9
Power to remove documents: supplementary provisions
20
(1)
In sections 1 to 8 “document” includes any record and, in particular, includes
information stored in electronic form.
(2)
In the application of those sections to a search under 52(1) of the Anti-
terrorism, Crime and Security Act 2001 (c. 24), for references to a constable
substitute references to an authorised officer within the meaning of that
25
section.
(3)
In the application of those sections in relation to the search of a vehicle
references to the occupier of the premises are to the person in charge of the
vehicle.
Power to take fingerprints and samples from person subject to control order
30
10
Power to take fingerprints and samples: England and Wales
(1)
In section 61 of the Police and Criminal Evidence Act 1984 (c. 60)
(fingerprinting), after subsection (6B) insert—
“(6BA)
A constable may take a person’s fingerprints without the appropriate
consent if the person is subject to a control order.”.
35
(2)
In section 63 of that Act (other samples), after subsection (3C) insert—
“(3D)
A non-intimate sample may also be taken from a person without the
appropriate consent if the person is subject to a control order.”.
(3)
In section 63A of that Act (fingerprints and samples: supplementary
provisions)—
40

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
7

(a)
in subsection (1) (checking against other fingerprints or samples), after
“reported for such an offence” insert “or he is or has been subject to a
control order”;
(b)
after subsection (6) insert—
“(6A)
A constable may require a person who is subject to a control
5
order to attend a police station in order to—
(a)
have his fingerprints taken in accordance with section
61(6BA);
(b)
have a non-intimate sample taken in accordance with
section 63(3D).”.
10
(4)
In section 64 of that Act (destruction of fingerprints and samples), after
subsection (1A) insert—
“(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
15
used by any person except as described in subsection (1AB).”.
(5)
In section 65(1) of that Act (interpretation), 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
20
become bound by a control order (see section 7(8) of the
Prevention of Terrorism Act 2005) that remains in force;”.
(6)
The following amendments of that Act are consequential on those above—
(a)
in section 61—
(i)
in subsection (6C) after “subsection (6A)” insert “or (6BA)”;
25
(ii)
in subsection (7) for “or (6A)” substitute “, (6A) or (6BA)”;
(iii)
in subsection (7A) after “subsection (6A)”, in both places where
it occurs, insert “or (6BA)”;
(b)
in section 63 (other samples)—
(i)
in subsection (8A) for “or (3C)” substitute “, (3C) or (3D)”;
30
(ii)
in the opening words of subsection (8B) after “police station”
insert “or by virtue of subsection (3D) at a place other than a
police station”;
(iii)
in paragraph (a) of that subsection after “officer” insert “, or, in
a subsection (3D) case, a constable,”;
35
(c)
in section 63A(7) after “subsection (4)” insert “or (6A)”;
(d)
in section 64(1B) after “subsection (1A)” insert “, (1AA)”.
11
Power to take fingerprints and samples: Scotland
(1)
This section applies in relation to a person who is subject to a control order in
Scotland.
40
(2)
A constable may—
(a)
take from the person, or require the person to provide, any relevant
physical data,
(b)
with the authority of an officer of a rank no lower than inspector, take
from the person any sample mentioned in paragraph (a), (b) or (c) of
45
subsection (6) of section 18 (prints, samples etc. in criminal

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
8

investigations) of the Criminal Procedure (Scotland) Act 1995 (c. 46)
(“the 1995 Act”) 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
person a sample mentioned in subsection (6A) of that section by the
5
means specified in that subsection.
(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
10
requirement.
(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
15
(c)
taking any sample under subsection (2)(b).
(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
20
person except—
(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—
25
(a)
other such data, samples or information,
(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)
30
(checking of fingerprints and samples), and
(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
35
Act 2005 (c. 2);
“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
40
of section 18 of the 1995 Act (see subsections (7A) and (7B) of that
section);
“terrorist investigation” has the meaning given in section 32 of the
Terrorism Act 2000 (c. 11).
12
Power to take fingerprints and samples: Northern Ireland
45
(1)
In Article 53(1) of the Police and Criminal Evidence (Northern Ireland) Order

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
9

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
5
become bound by a control order (see section 7(8) of the
Prevention of Terrorism Act 2005) that remains in force;”.
(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.”.
10
(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
appropriate consent if the person is subject to a control order.”.
(4)
In Article 63A of that Order (fingerprints and samples: supplementary
provisions)—
15
(a)
in paragraph (1) (checking against other fingerprints and samples),
after “reported for such an offence” insert “or he is or has been subject
to a control order”;
(b)
after paragraph (6) insert—
“(6A)
A constable may require a person who is subject to a control
20
order to attend a police station in order to—
(a)
have his fingerprints taken in accordance with Article
61(6BA);
(b)
have a non-intimate sample taken in accordance with
Article 63(3C).”.
25
(5)
In Article 64 of that Order (destruction of fingerprints and samples), after
paragraph (1A) insert—
“(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
30
used by any person except as described in paragraph (1AB).”.
(6)
The following amendments of that Order are consequential on those above—
(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)”;
35
(iii)
in paragraph (7A) after “paragraph (6A)”, in both places where
it occurs, insert “or (6BA)”;
(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”
40
insert “or by virtue of paragraph (3C) at a place other than a
police station”;
(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)”;
45
(d)
in Article 64(1B), after “paragraph (1A)” insert “, (1AA)”.