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| | ‘(1) | Each police authority will have the ability to determine its own local precept |
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| | agreement with the relevant local council or councils as appropriate to its |
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| | (2) | Each police authority will have the ability to determine its own fiscal priorities in |
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| | accordance with its individual requirements. |
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| | (3) | The Secretary of State may not give unsolicited directions to police authorities on |
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| | local precepts, minimum budgets or fiscal priorities. |
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| | (4) | Each police authority has a duty to consult with the Secretary of State, and to take |
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| | account of national policing authorities. |
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| | (5) | The Police Act 1996 is amended as follows. |
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| | (6) | In section 6(2) (general functions of police authorities), leave out paragraph (a). |
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| | (7) | In section 6(2)(c) leave out “whether in compliance with a direction under section |
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| | (8) | In section 6 subsection (3) is omitted. |
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| | (9) | For section 37A (setting of strategic priorities for police authorities) substitute— |
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| | Each individual police authority must determine objectives for the |
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| | policing of their own local area.” |
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| | (10) | For section 38 (setting of performance targets) substitute— |
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| | | “Where an objective has been determined under section 37, the relevant |
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| | police authority shall establish levels of performance (performance |
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| | targets to be aimed at in seeking to achieve the objective).” |
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| | (11) | Section 39 (Codes of Practice) is repealed. |
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| | (12) | Section 41 (Directions as to a minimum budget) is repealed. |
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| | (13) | Section 44 (Reports from Chief constables) is repealed. |
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| | (14) | The Local Government Act 1999 is amended as follows. |
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| | (15) | In section 31(9) (major precepting authorities: further recognition), after “1992”, |
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| | insert “, but excluding police authorities and the Metropolitan Police |
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| To move the following Clause:— |
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| | ‘After section 24B of the Aviation Security Act 1982 (c. 36) insert— |
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| | “24C | Police powers to search aeroplanes |
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| | (1) | If the Secretary of State has any reason to believe that an aircraft that is |
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| | in flight over the United Kingdom is or has been or may be involved in |
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| | an act of unlawful rendition then he or she may require the aircraft to land |
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| | (2) | If an aircraft is required to land in accordance with subsection (1), a |
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| | responsible person must, as soon as practicable after the aircraft has |
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| | landed, enter and search the aircraft. |
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| | (3) | The Secretary of State or a responsible person must enter and search an |
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| | aircraft if he or she has any reason to believe that— |
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| | (a) | an aircraft in an aerodrome is or has been or may be involved in |
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| | an act of unlawful rendition; or |
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| | (b) | in respect of an aircraft in an aerodrome, incomplete or incorrect |
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| | information under sections 32 and 33 of the Immigration, |
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| | Asylum and Nationality Act 2006 (c. 13) has been supplied. |
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| | (4) | For the purposes of subsections (2) and (3), a search of an aircraft is to be |
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| | carried out to determine if— |
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| | (a) | the aircraft has been, or may be involved in an act of unlawful |
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| | (b) | a criminal offence has been committed, or |
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| | (c) | allowing the aircraft to continue on its journey could place the |
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| | United Kingdom in breach of its obligations under the European |
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| | Convention on Human Rights, |
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| | but these powers may only be exercised when it is not reasonably |
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| | practicable to apply for a warrant of entry in accordance with section 8 of |
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| | the Police and Criminal Evidence Act 1984 (c. 60). |
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| | (5) | A person who carries out a search under this section may remove any |
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| | items from the aircraft if it may be evidence of any of the matters set out |
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| | “an act of unlawful rendition” means an act, not being in accordance with |
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| | formal lawful extradition or deportation procedures, involving the |
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| | forcible transportation of a person to a territory where he or she may be |
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| | subjected to torture and inhuman and degrading treatment; |
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| | “a responsible person” means— |
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| | (a) | the chief officer of police of a police force maintained for a |
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| | police area in England and Wales; |
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| | (b) | the chief constable of a police force maintained under the Police |
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| | (Scotland) Act 1967 (c. 77); |
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| | (c) | the Chief Constable of the Police Service of Northern Ireland; |
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| | (d) | one of the Commissioners of Her Majesty’s Revenue and |
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| | (e) | a constable designated by any of the persons specified in |
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| | paragraphs (a) to (c).”’. |
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| | Premises licences: authorised persons, interested parties and responsible authorities |
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| To move the following Clause:— |
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| | ‘(1) | The Licensing Act 2003 (c. 17) is amended as follows. |
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| | (2) | After section 13(3)(d), insert— |
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| | (i) | the licensing authority in whose area the premises are |
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| | (ii) | any other licensing authority if there are persons living |
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| | in the area of that authority or bodies in the area of that |
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| | authority who fall within subsection (3).’. |
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| To move the following Clause:— |
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| | ‘(1) | That the Police and Justice Act 2006 (c. 48) is amended by omitting paragraph 6 |
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| | (2) | Notwithstanding any provision to the contrary contained in the Police and Justice |
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| | Act 2006 or this Act, paragraphs 4 and 5 of Schedule 13 to the Police and Justice |
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| | Act 2006 shall come into force on the day on which this Act is passed.’. |
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| | Permitted temporary activities |
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| To move the following Clause:— |
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| | ‘Schedule 4A (which makes provision about permitted temporary activities) has |
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| | Encrypted data: amendment of penalty and notification requirements |
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| To move the following Clause:— |
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| | ‘(1) | Section 53 of the Regulation of Investigatory Powers Act 2000 (c.23) (failure to |
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| | comply with a notice) is amended as follows. |
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| | (2) | In subsection 5A, after paragraph (a) insert— |
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| | “(aa) | where subsection 5C applies, five years;”. |
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| | (3) | After subsection 5B insert— |
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| | “(5C) | This section applies where— |
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| | (a) | the offender has been previously convicted of a relevant sexual |
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| | (b) | an indecent photograph of a child has been found in his |
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| | (c) | the court is satisfied that it is more likely than not that the |
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| | protected information may contain an indecent photograph of a |
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| | (5D) | For the purposes of subsection 5C— |
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| | “relevant sexual offence” means an offence under— |
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| | (a) | section 1 of the Protection of Children Act 1978 (c.37) (indecent |
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| | photographs of children); |
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| | (b) | section 160 of the Criminal Justice Act 1988 (c.33) (possession |
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| | of indecent photographs of a child); |
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| | (c) | section 170 of the Customs and Excise Management Act 1979 |
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| | (c.2) (penalty for fraudulent evasion of duty etc) in relation to |
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| | goods prohibited to be imported under section 42 of the Customs |
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| | Consolidation Act 1876 (c.36) (indecent or obscene articles), if |
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| | the prohibited goods included indecent photographs of persons |
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| | (d) | sections 48 to 50 of the Sexual Offences Act 2003 (c.42) (abuse |
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| | of children through prostitution or pornography) where the |
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| | victim was under 18 and involved pornography; |
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| | “indecent photograph of a child” has the same definition as in sections 1 and |
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| | 7 of the Protection of Children Act 1978 (c.37), and for the avoidance of |
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| | a doubt includes a reference to a pseudo-photograph of a child or a |
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| | tracing of an indecent photograph with the meaning of section 7(4A) of |
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| | (4) | In Schedule 3 of the Sexual Offences Act 2003 (c.42), after paragraph 35 insert— |
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| | “36 | An offence under section 53 of the Regulation of Investigatory Powers |
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| | Act 2000 (c.23) where subsection 5C applies.”’. |
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| | Annual report on e-borders programme |
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| To move the following Clause:— |
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| | ‘The Secretary of State shall present an annual report on progress on the |
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| | implementation of the e-borders programme, until such time as it is formally |
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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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| | (e) | “photograph” includes a moving image,and |
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| | (f) | 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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| To move the following Schedule:— |
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