Policing and Crime Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Policing and Crime Bill

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other
116

(2)
A determination may, in particular, impose requirements about the
form or manner in which an electronic application is to be signed or
countersigned.”
(2)
In the following provisions of that Act omit “in the prescribed manner and
form”—
5
section 112(1)(a) (criminal conviction certificates),
section 113A(1)(a) (criminal record certificates),
section 113B(1)(a) (enhanced criminal record certificates).
(3)
In the following provisions of that Act omit “in the prescribed manner”—
section 114(1)(a) (criminal record certificates: Crown employment),
10
section 116(1)(a) (enhanced criminal record certificates: judicial
appointments and Crown employment).
Chapter 2
Other
Retention and destruction of samples etc
15
95
Retention and destruction of samples etc: England and Wales
(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.
20
(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,
25
(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—
30
(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.
35
(5)
The regulations may confer functions on persons specified or described
in the regulations.
(6)
The functions which may be conferred by virtue of subsection (5)
include those of—
(a)
providing information about the operation of regulations made
40
under this section,

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other
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(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
5
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
10
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
15
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
20
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.
25
(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
30
before or after the commencement of this section.
96
Retention and destruction of samples etc: service offences
(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—
35
“(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.”
40
(3)
In subsection (3) after paragraph (a) insert—
“(aa)
the exercise of functions conferred by an order under subsection
(1A); or”.

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other
118

(4)
The amendments made by subsections (2) and (3) apply in relation to material
obtained before or after the commencement of this section.
97
Retention and destruction of samples etc: Northern Ireland
(1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/
3141 (N.I. 12)) is amended as follows.
5
(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—
10
(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,
15
(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
20
(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
25
in the regulations.
(6)
The functions which may be conferred by virtue of paragraph (5)
include those of—
(a)
providing information about the operation of regulations made
under this Article,
30
(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
35
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
40
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

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other
119

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.
5
(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.”
10
(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.
Border controls
15
98
General information powers in relation to persons entering or leaving the UK
(1)
After section 157 of the Customs and Excise Management Act 1979 (c. 2)
(general powers: bonds and security) insert—
“157A
General information powers in relation to persons entering or leaving
the United Kingdom
20
(1)
The proper officer of Revenue and Customs may require any person
entering or leaving the United Kingdom—
(a)
to produce the person’s passport or travel documents for
examination, or
(b)
to answer any questions put by the proper officer of Revenue
25
and Customs about the person’s journey.
(2)
In subsection (1) “passport” means—
(a)
a United Kingdom passport (within the meaning of the
Immigration Act 1971),
(b)
a passport issued by or on behalf of the authorities of a country
30
or territory outside the United Kingdom, or by or on behalf of
an international organisation, or
(c)
a document that can be used (in some or all circumstances)
instead of a passport.
(3)
Subsections (1) and (2) apply in relation to a transit air passenger
35
arriving at the passenger’s final destination in the United Kingdom as
they apply in relation to a person entering the United Kingdom.
(4)
For the purposes of subsection (3) a transit air passenger is a person—
(a)
who has arrived by air in the United Kingdom; and
(b)
whose journey is continued or resumed by air to a destination
40
in the United Kingdom which is not the place where the person
is regarded for the purposes of this section as entering the
United Kingdom;

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other
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and the passenger’s final destination is the destination of the continued
or resumed journey.”
(2)
In section 4(3) of the Finance (No. 2) Act 1992 (c. 48) (non-application of
enforcement powers in the Act of 1979 to certain movements between member
States), after paragraph (g), insert—
5
“(ga)
section 157A (general information powers in relation to persons
entering or leaving the United Kingdom)”.
99
Powers in relation to cash
(1)
After section 164 of the Customs and Excise Management Act 1979 (c. 2)
(general powers etc: powers to search persons) insert—
10
“164A
Powers to search for cash
(1)
The provisions of this Act which fall within subsection (2) (search
powers for officers of Revenue and Customs etc.) apply in accordance
with subsection (3)—
(a)
for the purposes of searching for cash—
15
(i)
which is recoverable property or is intended by any
person for use in unlawful conduct; and
(ii)
the amount of which is not less than the minimum
amount;
(b)
for the purposes of searching for cash to ensure compliance
20
with the Cash Control Regulation; or
(c)
for purposes connected to any such purposes.
(2)
The provisions of this Act which fall within this subsection are—
(a)
section 28(1) (powers of access etc.);
(b)
section 77(1) and (2) (information powers);
25
(c)
section 159(1) to (4) (powers to examine and take account of
goods); and
(d)
section 164 (power to search persons including intimate
searches).
(3)
Those provisions apply for the purposes mentioned in subsection (1) as
30
if—
(a)
any reference in them to goods included a reference to cash; and
(b)
in section 164(1)—
(i)
the reference to an article were a reference to cash; and
(ii)
paragraphs (a) and (b) were omitted.
35
(4)
The Treasury may by regulations provide for—
(a)
any provision of this Act to apply with modifications for the
purposes of the provisions applied by subsections (1) to (3), or
(b)
any other enactment to apply, with or without modifications,
for the purposes of the provisions so applied.
40
(5)
This section does not limit the scope of any powers that exist apart from
this section (whether under this Act or otherwise).
(6)
In this section—
“the 2002 Act” means the Proceeds of Crime Act 2002 (c. 29);
“cash”—
45

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Part 8 — Miscellaneous
Chapter 2 — Other
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(a)
so far as relating to purposes falling within subsection
(1)(a) above, has the meaning given by section 289(6)
and (7) of the 2002 Act; and
(b)
so far as relating to purposes falling within subsection
(1)(b) above, has the same meaning as in the Cash
5
Control Regulation;
“the Cash Control Regulation” means Regulation (EC) No. 1889/
2005 of the European Parliament and of the Council of 26
October 2005 on controls of cash entering or leaving the
Community;
10
“minimum amount” has the meaning given by section 303 of the
2002 Act;
“modifications” includes omissions;
“recoverable property” has the meaning given by section 316(1) of
the 2002 Act;
15
“unlawful conduct” has the meaning given by section 241 of the
2002 Act.”
(2)
In section 4(2) of the Finance (No. 2) Act 1992 (c. 48) (cases where enforcement
powers exercisable)—
(a)
after “member States;” at the end of paragraph (b) omit “or”, and
20
(b)
after “Kingdom” at the end of paragraph (c) insert “; or
(d)
searching for cash that is recoverable property or
intended for use in unlawful conduct”.
(3)
In section 4(5) of that Act (interpretation)—
(a)
after “in this section—”, insert—
25
““cash” has the meaning given by section 289(6) and (7) of
the Proceeds of Crime Act 2002;”,
(b)
after “Economic Community;” omit “and”, and
(c)
after “1979;” insert—
““recoverable property” has the same meaning as in
30
section 316(1) of the Proceeds of Crime Act 2002; and
“unlawful conduct” has the same meaning as in section 241
of that Act;”.
(4)
After section 105(5) of the Postal Services Act 2000 (c. 26) (application of
customs and excise enactments to certain postal packets) insert—
35
“(6)
And in this section “goods” includes cash (within the meaning of
section 289(6) and (7) of the Proceeds of Crime Act 2002).”
100
Lawful interception of postal items by Revenue and Customs
(1)
After section 3(3) of the Regulation of Investigatory Powers Act 2000 (lawful
interception without an interception warrant) insert—
40
“(3A)
Conduct consisting in the interception of a communication in the
course of its transmission by means of a public postal service is
authorised by this section if it is conduct—
(a)
under section 159 of the Customs and Excise Management Act
1979 as applied by virtue of—
45
(i)
section 105 of the Postal Services Act 2000 (power to
open postal items etc.); or

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other
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(ii)
that section 105 and another enactment; and
(b)
by an officer of Revenue and Customs.”
(2)
After section 17(3)(b) of that Act (exclusion of matters from legal proceedings)
insert—
“(ba)
any person deemed to be the proper officer of Revenue and
5
Customs by virtue of section 8(2) of the Customs and Excise
Management Act 1979;”.
101
Prohibition on importation or exportation of false identity documents etc
(1)
The importation or exportation of any identity document to which this section
applies is prohibited.
10
(2)
This section applies to—
(a)
any false identity document,
(b)
any identity document issued or obtained in contravention of the law
of the country or territory under whose jurisdiction the document is
issued, and
15
(c)
any identity document intended to be used (whether by itself or
otherwise and with or without modifications)—
(i)
to establish for unlawful purposes a false identity or address, or
(ii)
to provide for such purposes evidence of a false identity or
address.
20
(3)
In this section—
“document” includes an article, or a combination of a document and an
article, which is a card within the meaning of the Identity Cards Act
2006 (c. 15),
“false”, in relation to an identity document, has the same meaning as it has
25
in section 9(1) of the Forgery and Counterfeiting Act 1981 (c. 45) in
relation to an instrument,
“identity document” means any document which may be used (whether
by itself or otherwise and with or without modifications) to establish,
or provide evidence of, a person’s identity or address.
30
102
Prohibition on importation of offensive weapons
(1)
After section 141ZA of the Criminal Justice Act 1988 (c. 33) insert—
“141ZB
Importation of offensive weapons: prohibition
(1)
The importation of an offensive weapon is prohibited, subject to section
141ZC.
35
(2)
In this section “offensive weapon” means a weapon of a description
specified in an order made by the Secretary of State for the purposes of
this subsection.
(3)
The Secretary of State may not specify any of the following under
subsection (2)—
40
(a)
a weapon subject to the Firearms Act 1968;
(b)
a crossbow.
(4)
Orders under this section are to be made by statutory instrument.