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| | Policing and Crime Bill, As Amended
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| | | The Amendments have been arranged in accordance with the Policing and Crime |
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| | | Bill (Programme) (No. 2) Motion in the name of Secretary Jacqui Smith. |
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| | New Clauses and Amendments relating to the Retention, use and |
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| | destruction of samples etc |
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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| | | ‘(1) | Section 82 of the Criminal Justice and Police Act 2001 is repealed.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| | | (2) | Sections 9 and 10 of the Criminal Justice Act 2003 are repealed.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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| | | 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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