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| | | (4) | The Court of Appeal which is considering an appeal in relation to an order under |
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| | | section 195M must, on an application by a person, give the person an opportunity |
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| | | to make representations in the proceedings if that person was given an |
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| | | opportunity to make representations in the proceedings which are the subject of |
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| | Page 62, line 40 [Clause 54], leave out ‘county court’ and insert ‘Court of Appeal’. |
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| | Page 62, line 42 [Clause 54], leave out ‘county court’ and insert ‘Court of Appeal’. |
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| | Page 62, line 43 [Clause 54], leave out ‘magistrates’ court’s’ and insert ‘county |
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| | Page 63, line 1 [Clause 54], leave out sub-paragraph (3). |
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| | Page 72, line 34, leave out Clause 62. |
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| | To move the following Clause:— |
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| | | ‘(1) | The Serious Organised Crime and Police Act 2005 (c. 15) is amended as follows. |
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| | | (2) | After section 7(6) insert— |
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| | | “(6A) | It shall be the duty of the Secretary of State to make a motion in the House |
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| | | of Commons in respect of the annual report laid under subsection (6) |
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| | | within three months of the date on which the report was laid.”. |
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| | | (3) | After section 7(7) insert— |
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| | | “(7A) | It shall be the duty of the Scottish Ministers to make a motion in the |
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| | | Scottish Parliament in respect of the annual report laid under subsection |
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| | | (7) within three months of the date on which the report was laid.”’. |
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| | To move the following Clause:— |
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| | | ‘(1) | The Police and Justice Act 2006 (c. 48) is amended by omitting paragraph 6 of |
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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 of 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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| | Page 116, line 16, leave out Clause 95. |
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| | Page 117, line 32, leave out Clause 96. |
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| | Page 118, line 3, leave out Clause 97. |
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| | | Retention of voluntary samples etc. |
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| | To move the following Clause:— |
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| | | ‘(1) | That the Police and Criminal Evidence Act 1984 (c. 60) is amended as follows. |
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| | | (2) | After section 64(1A)(b) insert— |
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| | | “(c) | any other provision in this Part does not prohibit or restrict their |
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| | | retention or require their destruction.”. |
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| | | (3) | For section 64(3AC) substitute— |
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| | | “3AC | Retention of voluntary samples etc. |
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| | | Where a person from whom a fingerprint, impression of footwear or |
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| | | sample has been taken consents in writing to its retention— |
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| | | (a) | that sample need not be destroyed under subsection (3) above; |
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| | | (b) | subsection (3AB) above shall not restrict the use that may be |
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| | | made of the sample or of any information derived from it; and |
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| | | (c) | that consent shall be treated as comprising a consent for the |
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| | | purposes of section 63A(1C) above; |
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| | | (1) | No sample or information derived from any sample may be retained on |
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| | | any child under the age of 10 years; and |
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| | | (2) | Consent given for the purposes of this subsection shall be capable of |
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| | | being withdrawn by such person upon making written application to the |
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| | | responsible chief officer of police or person authorised by the Secretary |
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| | | of State for such purpose whereupon such sample and any information |
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| | | derived therefrom shall be destroyed as soon as possible following |
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| | | receipt of such written application.”’. |
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| | | Retention of samples following arrest |
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| | To move the following Clause:— |
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| | | ‘(1) | The Police and Criminal Evidence Act 1984 (c.60) is amended as follows. |
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| | | (2) | After section 64A insert— |
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| | | “64B | Retention of samples |
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| | | (1) | Subject to subsection (2), where a sample has been taken from a person |
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| | | under this Part, unless such a person has been given consent in |
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| | | accordance with section 64(3AC), all such samples and all information |
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| | | derived from such samples shall be destroyed as soon as possible |
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| | | following a decision not to institute criminal proceedings against the |
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| | | person or on the conclusion of such proceedings otherwise than with a |
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| | | (2) | Subsection (1) above shall not apply— |
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| | | (a) | where the record, sample or information in question is of the |
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| | | same kind as a record, a sample or, as the case may be, |
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| | | information lawfully held in relation to the person; or |
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| | | (b) | where the person is cautioned for a recordable offence or given a |
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| | | warning or reprimand in accordance with the Crime and |
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| | | Disorder Act 1998 for a recordable offence in connection with |
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| | | the decision not to institute criminal proceedings or following |
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| | | the withdrawal or cessation of criminal proceedings; or |
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| | | (c) | where sections 64C or 64D apply. |
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| | | (3) | For the purposes of this section, criminal proceedings shall not be |
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| | | deemed to have concluded until the earlier of the (1) the lapse of any |
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| | | applicable appeal period and (2) a decision is made not to appeal such |
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| | | 64C | Retention of samples etc (violent and sexual offences) |
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| | | (1) | This section applies where any sample has been taken from a person |
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| | | under this Part where criminal proceedings were instituted against such |
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| | | person in respect of a sexual offence or violent offence and such |
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| | | proceedings concluded otherwise than with a conviction or with the |
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| | | person being cautioned for a recordable offence or given a warning or |
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| | | reprimand in accordance with the Crime and Disroder Act 1998 for a |
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| | | (2) | Subject to subsections (6) and (7) below, the sample and any information |
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| | | derived therefrom shall be destroyed no later than: |
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| | | (a) | 3 years following the conclusion of the proceedings (“the initial |
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| | | (b) | such later date as may be ordered under subsection (3). |
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| | | (3) | On application made by a chief officer of police within the period of 3 |
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| | | months before the initial retention date, the Crown Court, if satisfied that |
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| | | there are reasonable grounds for doing so, may make an order amending, |
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| | | or further amending, the date of destruction of the relevant sample and |
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| | | any information derived therefrom. |
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| | | (4) | An order under subsection (3) shall not specify a date more than 2 years |
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| | | later than the initial retention date. |
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| | | (5) | Any decisions of the Crown Court may be appealed to the Court of |
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| | | Appeal within 21 days of such decision. |
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| | | (6) | Subsection (2) does not apply where— |
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| | | (a) | an application under subsection (3) above has been made but has |
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| | | (b) | the period within which an appeal may be brought under |
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| | | subsection (5) above against a decision to refuse an application |
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| | | (c) | such an appeal has been brought but has not been withdrawn or |
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| | | (a) | the period within which an appeal referred to in subsection (5) |
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| | | has elapsed without such an appeal being brought; or |
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| | | (b) | such an appeal is brought and is withdrawn or finally determined |
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| | | without any extension of the time period referred to in subsection |
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| | | | the sample and any information derived therefrom shall be destroyed as |
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| | | soon as possible thereafter. |
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| | | (8) | For the purposes of this Part a “sexual offence” or “violent offence” shall |
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| | | mean such offences of a violent or sexual nature as shall be set out in any |
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| | | order made by the Secretary of State with reference to this section. |
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| | | 64D | Retention of Samples - Residual Power |
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| | | (1) | On application by a chief officer of police, the Crown Court may make |
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| | | an order requiring the retention of a sample taken from a person and any |
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| | | information derived therefrom in circumstances where such a sample and |
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| | | any information derived therefrom would otherwise be required to be |
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| | | destroyed if it has reasonable grounds to believe that: |
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| | | (a) | there is a serious risk of harm to the public or a section of the |
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| | | (b) | such retention would prevent, inhibit, restrict or disrupt |
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| | | involvement by the person in the commission of a sexual offence |
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| | | (2) | An order under this section is not to be in force for more than 5 years |
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| | | beginning with the date of the commencement of the order. |
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| | | (3) | Any decision of the Crown Court may be appealed to the Court of Appeal |
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| | | within 21 days of such decision. |
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| | | (4) | Where an application has been made for an order under this section, the |
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| | | relevant sample and any information derived therefrom shall not be |
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| | | destroyed until such application and any appeal thereof has been |
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| | | (3) | At end of section 113(1) insert— |
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