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| | Thursday 26 February 2009 |
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| | Policing and Crime Bill, As Amended |
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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| | | ‘(1) | Section 82 of the Criminal Justice and Police Act 2001 is repealed.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| | | (2) | Sections 9 and 10 of the Criminal Justice Act 2003 are repealed.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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| | | Loitering: decriminalisation of under 18 year olds |
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| | To move the following Clause:— |
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| | | ‘(1) | The Street Offences Act 1959 (c. 57) is amended as follows. |
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| | | (2) | In subsection (1) of section 1, after “prostitute”, insert “aged 18 or over”’. |
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