House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

239

House of Commons

Notices of Amendments

given on

Friday 20 February 2009

For other Amendment(s) see the following page(s):

Policing and Crime Bill Committee 170-208, 209-219 and 221-37

Public Bill Committee

Policing and Crime Bill

Retention and destruction of samples etc: England and Wales

Mr Vernon Coaker

NC33

To move the following Clause:—

‘(1)
After section 64A of the Police and Criminal Evidence Act 1984 (c. 60) insert—

“64B
Retention and destruction of samples etc

(1)
The Secretary of State may by regulations make provision as to the

retention, use and destruction of material to which this section applies.

(2)
This section applies to the following material—

(a)
photographs falling within a description specified in the

regulations,

(b)
fingerprints taken from a person in connection with the

investigation of an offence,

(c)
impressions of footwear so taken from a person,

(d)
DNA and other samples so taken from a person,

(e)
information derived from DNA samples so taken from a person.

(3)
The regulations may—

(a)
make different provision for different cases, and

(b)
make provision subject to such exceptions as the Secretary of

State thinks fit.

(4)
The regulations may frame any provision or exception by reference to an

approval or consent given in accordance with the regulations.

(5)
The regulations may confer functions on persons specified or described

in the regulations.

Notices of Amendments: 20 February 2009
240

Policing and Crime Bill, continued

(6)
The functions which may be conferred by virtue of subsection (5) include

those of—

(a)
providing information about the operation of regulations made

under this section,

(b)
keeping their operation under review,

(c)
making reports to the Secretary of State about their operation,

and

(d)
making recommendations to the Secretary of State about the

retention, use and destruction of material to which this section

applies.

(7)
The regulations may make provision for and in connection with

establishing a body to discharge the functions mentioned in subsection

(6)(b) to (d).

(8)
The regulations may make provision amending, repealing, revoking or

otherwise modifying any provision made by or under an Act (including

this Act).

(9)
The provision which may be made by virtue of subsection (8) includes

amending or otherwise modifying any provision so as to impose a duty

or confer a power to make an order, regulations, a code of practice or any

other instrument.

(10)
For the purposes of this section—

(a)
“photograph” includes a moving image, and

(b)
the reference to a DNA sample is a reference to any material that

has come from a human body and consists of or includes human

cells.

64C
Retention and destruction of samples etc: supplementary

(1)
Regulations under section 64B may make—

(a)
supplementary, incidental or consequential provision, or

(b)
transitional, transitory or saving provision.

(2)
Regulations under that section are to be made by statutory instrument.

(3)
An instrument containing regulations under that section may not be made

unless a draft of the instrument has been laid before, and approved by

resolution of, each House of Parliament.”

(2)
The amendment made by subsection (1) applies in relation to material obtained

before or after the commencement of this section.’.

Member’s explanatory statement

This amendment, responding to the ECtHR judgment in S and Marper v UK on 4 December 2008,

would amend the Police and Criminal Evidence Act 1984, creating a power to make regulations

on the retention, use and destruction of photographs, fingerprints, footwear impressions, DNA and

other samples and DNA profiles.

Retention and destruction of samples etc: service offences

Mr Vernon Coaker

NC34

To move the following Clause:—

Notices of Amendments: 20 February 2009
241

Policing and Crime Bill, continued

‘(1)
Section 113 of the Police and Criminal Evidence Act 1984 (c. 60) (application to

armed forces) is amended as follows.

(2)
After subsection (1) insert—

“(1A)
The Secretary of State may by order make provision as to the retention,

use and destruction of material obtained in connection with the

investigation of a service offence which is equivalent to the provision

made by regulations under section 64B, subject to such modifications as

the Secretary of State considers appropriate.”

(3)
In subsection (3) after paragraph (a) insert—

“(aa)
the exercise of functions conferred by an order under subsection

(1A); or”.

(4)
The amendments made by subsections (2) and (3) apply in relation to material

obtained before or after the commencement of this section.’.

Member’s explanatory statement

This amendment would allow equivalent provision to be made to that under the power in amend

ment NC33, in relation to service offences as defined in the Armed Forces Act 2006.

Retention and destruction of samples etc: Northern Ireland

Mr Vernon Coaker

NC35

To move the following Clause:—

‘(1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/3141

(N.I. 12)) is amended as follows.

(2)
After Article 64A insert—

“64B
Retention and destruction of samples etc

(1)
The Secretary of State may by regulations make provision as to the

retention, use and destruction of material to which this Article applies.

(2)
This Article applies to the following material—

(a)
photographs falling within a description specified in the

regulations,

(b)
fingerprints taken from a person in connection with the

investigation of an offence,

(c)
impressions of footwear so taken from a person,

(d)
DNA and other samples so taken from a person,

(e)
information derived from DNA samples so taken from a person.

(3)
The regulations may—

(a)
make different provision for different cases, and

(b)
make provision subject to such exceptions as the Secretary of

State thinks fit.

(4)
The regulations may frame any provision or exception by reference to an

approval or consent given in accordance with the regulations.

(5)
The regulations may confer functions on persons specified or described

in the regulations.

(6)
The functions which may be conferred by virtue of paragraph (5) include

those of—

Notices of Amendments: 20 February 2009
242

Policing and Crime Bill, continued

(a)
providing information about the operation of regulations made

under this Article,

(b)
keeping their operation under review,

(c)
making reports to the Secretary of State about their operation,

and

(d)
making recommendations to the Secretary of State about the

retention, use and destruction of material to which this Article

applies.

(7)
The regulations may make provision for and in connection with

establishing a body to discharge the functions mentioned in paragraph

(6)(b) to (d).

(8)
The regulations may make provision amending, repealing, revoking or

otherwise modifying any provision made by or under an Act or Northern

Ireland legislation (including this Order).

(9)
The provision which may be made by virtue of paragraph (8) includes

amending or otherwise modifying any provision so as to impose a duty

or confer a power to make an order, regulations, a code of practice or any

other instrument.

(10)
The regulations may make—

(a)
supplementary, incidental or consequential provision, or

(b)
transitional, transitory or saving provision.

(11)
For the purposes of this Article—

(a)
“photograph” includes a moving image, and

(b)
the reference to a DNA sample is a reference to any material that

has come from a human body and consists of or includes human

cells.”

(3)
In Article 89 (procedure for orders and regulations) for “Article 29(4) or 46A”

substitute “Articles 29(4), 46A and 64B”.

(4)
The amendments made by subsections (2) and (3) apply in relation to material

obtained before or after the commencement of this section.’.

Member’s explanatory statement

This amendment would amend the Police and Criminal Evidence (Northern Ireland) Order 1989

to allow equivalent provision to be made to that under the power in amendment NC33, in relation

to Northern Ireland.