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Notices of Amendments: 12 May 2009                     

810

 

Policing and Crime Bill, continued

 
 

(4)    

The Court of Appeal which is considering an appeal in relation to an order under

 

section 195M must, on an application by a person, give the person an opportunity

 

to make representations in the proceedings if that person was given an

 

opportunity to make representations in the proceedings which are the subject of

 

the appeal.’.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

165

 

Page  62,  line  40  [Clause  54],  leave out ‘county court’ and insert ‘Court of Appeal’.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

166

 

Page  62,  line  42  [Clause  54],  leave out ‘county court’ and insert ‘Court of Appeal’.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

167

 

Page  62,  line  43  [Clause  54],  leave out ‘magistrates’ court’s’ and insert ‘county

 

court’s’.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

168

 

Page  63,  line  1  [Clause  54],  leave out sub-paragraph (3).

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

169

 

Page  72,  line  34,  leave out Clause 62.


 
 

Notices of Amendments: 12 May 2009                     

811

 

Policing and Crime Bill, continued

 
 

Screening of SOCPA

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

NC29

 

To move the following Clause:—

 

‘(1)    

The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows.

 

(2)    

After section 7(6) insert—

 

“(6A)    

It shall be the duty of the Secretary of State to make a motion in the House

 

of Commons in respect of the annual report laid under subsection (6)

 

within three months of the date on which the report was laid.”.

 

(3)    

After section 7(7) insert—

 

“(7A)    

It shall be the duty of the Scottish Ministers to make a motion in the

 

Scottish Parliament in respect of the annual report laid under subsection

 

(7) within three months of the date on which the report was laid.”’.

 

Forum

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

NC30

 

To move the following Clause:—

 

‘(1)    

The Police and Justice Act 2006 (c. 48) is amended by omitting paragraph 6 of

 

Schedule 13.

 

(2)    

Notwithstanding any provision to the contrary contained in the Police and Justice

 

Act 2006 or this Act, paragraphs 4 and 5 of Schedule 13 of the Police and Justice

 

Act 2006 shall come into force on the day on which this Act is passed.’.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

170

 

Page  116,  line  16,  leave out Clause 95.


 
 

Notices of Amendments: 12 May 2009                     

812

 

Policing and Crime Bill, continued

 
 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

171

 

Page  117,  line  32,  leave out Clause 96.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

172

 

Page  118,  line  3,  leave out Clause 97.

 

Retention of voluntary samples etc.

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

NC31

 

To move the following Clause:—

 

‘(1)    

That the Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

 

(2)    

After section 64(1A)(b) insert—

 

“(c)    

any other provision in this Part does not prohibit or restrict their

 

retention or require their destruction.”.

 

(3)    

For section 64(3AC) substitute—

 

“3AC  

 Retention of voluntary samples etc.

 

Where a person from whom a fingerprint, impression of footwear or

 

sample has been taken consents in writing to its retention—

 

(a)    

that sample need not be destroyed under subsection (3) above;

 

(b)    

subsection (3AB) above shall not restrict the use that may be

 

made of the sample or of any information derived from it; and

 

(c)    

that consent shall be treated as comprising a consent for the

 

purposes of section 63A(1C) above;

 

provided that—

 

(1)    

No sample or information derived from any sample may be retained on

 

any child under the age of 10 years; and

 

(2)    

Consent given for the purposes of this subsection shall be capable of

 

being withdrawn by such person upon making written application to the

 

responsible chief officer of police or person authorised by the Secretary

 

of State for such purpose whereupon such sample and any information

 

derived therefrom shall be destroyed as soon as possible following

 

receipt of such written application.”’.


 
 

Notices of Amendments: 12 May 2009                     

813

 

Policing and Crime Bill, continued

 
 

Retention of samples following arrest

 

Chris Grayling

 

Mr David Ruffley

 

James Brokenshire

 

Mr Crispin Blunt

 

Andrew Rosindell

 

Mr Patrick McLoughlin

 

NC32

 

To move the following Clause:—

 

‘(1)    

The Police and Criminal Evidence Act 1984 (c.60) is amended as follows.

 

(2)    

After section 64A insert—

 

“64B  

Retention of samples

 

(1)    

Subject to subsection (2), where a sample has been taken from a person

 

under this Part, unless such a person has been given consent in

 

accordance with section 64(3AC), all such samples and all information

 

derived from such samples shall be destroyed as soon as possible

 

following a decision not to institute criminal proceedings against the

 

person or on the conclusion of such proceedings otherwise than with a

 

conviction.

 

(2)    

Subsection (1) above shall not apply—

 

(a)    

where the record, sample or information in question is of the

 

same kind as a record, a sample or, as the case may be,

 

information lawfully held in relation to the person; or

 

(b)    

where the person is cautioned for a recordable offence or given a

 

warning or reprimand in accordance with the Crime and

 

Disorder Act 1998 for a recordable offence in connection with

 

the decision not to institute criminal proceedings or following

 

the withdrawal or cessation of criminal proceedings; or

 

(c)    

where sections 64C or 64D apply.

 

(3)    

For the purposes of this section, criminal proceedings shall not be

 

deemed to have concluded until the earlier of the (1) the lapse of any

 

applicable appeal period and (2) a decision is made not to appeal such

 

proceedings.

 

64C    

Retention of samples etc (violent and sexual offences)

 

(1)    

This section applies where any sample has been taken from a person

 

under this Part where criminal proceedings were instituted against such

 

person in respect of a sexual offence or violent offence and such

 

proceedings concluded otherwise than with a conviction or with the

 

person being cautioned for a recordable offence or given a warning or

 

reprimand in accordance with the Crime and Disroder Act 1998 for a

 

recordable offence.

 

(2)    

Subject to subsections (6) and (7) below, the sample and any information

 

derived therefrom shall be destroyed no later than:

 

(a)    

3 years following the conclusion of the proceedings (“the initial

 

retention date”); or

 

(b)    

such later date as may be ordered under subsection (3).

 

(3)    

On application made by a chief officer of police within the period of 3

 

months before the initial retention date, the Crown Court, if satisfied that


 
 

Notices of Amendments: 12 May 2009                     

814

 

Policing and Crime Bill, continued

 
 

there are reasonable grounds for doing so, may make an order amending,

 

or further amending, the date of destruction of the relevant sample and

 

any information derived therefrom.

 

(4)    

An order under subsection (3) shall not specify a date more than 2 years

 

later than the initial retention date.

 

(5)    

Any decisions of the Crown Court may be appealed to the Court of

 

Appeal within 21 days of such decision.

 

(6)    

Subsection (2) does not apply where—

 

(a)    

an application under subsection (3) above has been made but has

 

not been determined.

 

(b)    

the period within which an appeal may be brought under

 

subsection (5) above against a decision to refuse an application

 

has not elapsed; or

 

(c)    

such an appeal has been brought but has not been withdrawn or

 

finally determined.

 

(7)    

Where—

 

(a)    

the period within which an appeal referred to in subsection (5)

 

has elapsed without such an appeal being brought; or

 

(b)    

such an appeal is brought and is withdrawn or finally determined

 

without any extension of the time period referred to in subsection

 

(2),

 

    

the sample and any information derived therefrom shall be destroyed as

 

soon as possible thereafter.

 

(8)    

For the purposes of this Part a “sexual offence” or “violent offence” shall

 

mean such offences of a violent or sexual nature as shall be set out in any

 

order made by the Secretary of State with reference to this section.

 

64D    

Retention of Samples - Residual Power

 

(1)    

On application by a chief officer of police, the Crown Court may make

 

an order requiring the retention of a sample taken from a person and any

 

information derived therefrom in circumstances where such a sample and

 

any information derived therefrom would otherwise be required to be

 

destroyed if it has reasonable grounds to believe that:

 

(a)    

there is a serious risk of harm to the public or a section of the

 

public; and

 

(b)    

such retention would prevent, inhibit, restrict or disrupt

 

involvement by the person in the commission of a sexual offence

 

or violent offence.

 

(2)    

An order under this section is not to be in force for more than 5 years

 

beginning with the date of the commencement of the order.

 

(3)    

Any decision of the Crown Court may be appealed to the Court of Appeal

 

within 21 days of such decision.

 

(4)    

Where an application has been made for an order under this section, the

 

relevant sample and any information derived therefrom shall not be

 

destroyed until such application and any appeal thereof has been

 

determined.

 

(3)    

At end of section 113(1) insert—


 
 

Notices of Amendments: 12 May 2009                     

815

 

Policing and Crime Bill, continued

 
 

    

“provided always that the protections in Part 5 relating to the retention of samples

 

and any information derived therefrom shall also be applied to persons

 

investigated or under arrest under such Acts.”.’.

 


 
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