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| | For other Amendment(s) see the following page(s):
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| | Policing and Crime Bill Committee 278-311 |
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| | | Destruction of samples etc: England and Wales |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 82 of the Criminal Justice and Police Act 2001 is repealed. |
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| | | (2) | Sections 9 and 10 of the Criminal Justice Act 2003 are repealed. |
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| | | (3) | After Section 64A of the Police and Criminal Evidence Act 1984 (c. 60) insert— |
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| | | “64B | Destruction of fingerprints and samples etc |
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| | | (1) | After a person is released without charge or acquitted of the offence for |
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| | | which a sample has been taken that sample shall be destroyed within one |
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| | | month of the fingerprints or samples being taken or the person being |
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| | | acquitted, unless the offence was of a violent or sexual nature. |
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| | | (2) | If the offence was of a violent or sexual nature that sample must be held |
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| | | for a period of three years, after which it must be destroyed. |
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| | | (3) | This section applies to the following material— |
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| | | (a) | photographs falling within a description specified in the |
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| | | (b) | fingerprints taken from a person in connection with the |
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| | | investigation of an offence, |
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| | | (c) | impressions of footwear so taken from a person, |
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| | | (d) | DNA and other samples so taken from a person, |
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| | | (e) | information derived from DNA samples so taken from a person. |
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| | | (4) | For the purposes of this section— |
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| | | (a) | “photograph” includes a moving image,and |
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| | | (b) | the reference to a DNA sample is a reference to any material that |
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| | | has come from a human body and consists of or includes human |
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| | | Destruction of samples etc: service offences |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 113 of the Police and Criminal Evidence Act 1984 (c. 60) (application to |
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| | | armed forces) is amended as follows— |
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| | | (2) | After subsection (1) insert— |
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| | | “(1A) | After a person is released without charge or acquitted of the offence for |
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| | | which a sample has been taken that sample shall be destroyed within one |
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| | | month of the fingerprints or sample being taken or the person being |
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| | | acquitted, unless the offence was of a violent or sexual nature. |
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| | | (2) | If the offence was of a violent or sexual nature that sample must be held |
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| | | for a period of three years, after which it must be destroyed.”.’. |
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| | | Destruction of samples etc (Northern Ireland) |
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| | To move the following Clause:— |
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| | | ‘(1) | That Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/ |
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| | | 3141 (N.I 12)) is amended as follows— |
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| | | (2) | After Article 64A insert— |
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| | | “Destruction of samples etc |
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| | | “(1) | After a person is not charged or acquitted of the offence for which a |
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| | | sample has been taken that sample shall be destroyed within one month |
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| | | of the fingerprints or samples being taken or the person being acquitted, |
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| | | unless the offence was of a violent or sexual nature. |
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| | | (2) | If the offence was of a violent or sexual nature that sample should be held |
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| | | for a period of three years, and then be destroyed. |
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| | | (3) | This section applies to the following material— |
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| | | (a) | photographs falling within a description specified in the |
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| | | (b) | fingerprints taken from a person in connection with the |
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| | | investigation of an offence, |
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| | | (c) | impressions of footwear so taken from a person, |
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| | | (d) | DNA and other samples so taken from a person, |
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| | | (e) | information derived from DNA samples so taken from a person. |
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| | | (4) | For the purposes of this section— |
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| | | (a) | “photograph” includes a moving image, and |
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| | | (b) | the reference to a DNA sample is a reference to any material that |
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| | | has come from a human body and consists of or includes human |
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| | | Injunctions to prevent gang-related violence |
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| | To move the following Clause:— |
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| | | ‘(1) | A court may grant an injunction under this section if two conditions are met. |
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| | | (2) | The first condition is that the court is satisfied on the balance of probabilities that |
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| | | the respondent has engaged in, or has encouraged or assisted, gang-related |
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5 | | (3) | The second condition is that the court thinks it is necessary to grant the injunction |
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| | | for either or both of the following purposes— |
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| | | (a) | to prevent the respondent from engaging in, or encouraging or assisting, |
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| | | (b) | to protect the respondent from gang-related violence. |
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10 | | (4) | An injunction under this section may (for either or both of those purposes)— |
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| | | (a) | prohibit the respondent from doing anything described in the injunction; |
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| | | (b) | require the respondent to do anything described in the injunction. |
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| | | (5) | In this section “gang-related violence” means violence or a threat of violence |
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| | | which occurs in the course of the activities of a gang or is otherwise related to |
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| | | As Amendments to Mr Vernon Coaker’s proposed New Clause (Injunctions to prevent |
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| | | gang-related violence) (NC 11):— |
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| | Line 2, leave out ‘on the balance of probabilities’ and insert ‘beyond reasonable |
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| | Line 9, after ‘(b)’, insert ‘in the case of a respondent aged under 18,’. |
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| | | Contents of injunctions: supplemental |
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| | To move the following Clause:— |
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| | | ‘(1) | This section applies in relation to an injunction under section [Injunctions to |
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| | | prevent gang-related violence]. |
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| | | (2) | The court must specify, in relation to each prohibition or requirement in the |
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| | | injunction, whether it is to be in force— |
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5 | | (a) | until further order, or |
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| | | (b) | until the end of a specified period. |
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| | | (3) | The court may order the applicant and the respondent to attend a review hearing |
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| | | (4) | A review hearing is a hearing held for the purpose of considering whether the |
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10 | | injunction should be varied or discharged. |
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| | | (5) | The court may attach a power of arrest in relation to— |
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| | | (a) | any prohibition in the injunction, or |
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| | | (b) | any requirement in the injunction, other than one which has the effect of |
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| | | requiring the respondent to participate in particular activities. |
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15 | | (6) | If the court attaches a power of arrest, it may specify that the power is to have |
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| | | effect for a shorter period than the prohibition or requirement to which it relates.’. |
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| | | As an Amendment to Mr Vernon Coaker’s proposed New Clause (Contents of |
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| | | injunctions: supplemental) (NC 13):— |
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| | Line 7, at end insert ‘except that no injunction shall remain in force for a period |
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| | longer than two years from the date it is made.’. |
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