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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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| | | | “provided always that the protections in Part 5 relating to the retention of samples |
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| | | and any information derived therefrom shall also be applied to persons |
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| | | investigated or under arrest under such Acts.”.’. |
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| | Page 116, line 16, leave out Clause 95. |
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| | Page 117, line 29 [Clause 95], at end insert— |
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| | | ‘(4) | Before laying such a draft before Parliament, the Secretary of State must |
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| | | (a) | the Association of Police Authorities, |
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| | | (b) | the Association of Chief Police Officers of England, Wales and |
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| | | (c) | the General Council of the Bar, |
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| | | (d) | the Law Society of England and Wales, |
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| | | (e) | the Institute of Legal Executives, and |
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| | | (f) | such other persons as the Secretary of State thinks fit.’. |
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| | New Clauses and Amendments relating to Part 4 |
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| | | Interim injunctions: duration |
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| | To move the following Clause:— |
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| | | ‘(1) | An interim injunction granted under sections 38 or 39 must include the period for |
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| | | which it shall have effect. |
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| | | (2) | The period specified in subsection (1) above must not exceed four weeks. |
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| | | (3) | Interim injunctions granted under sections 38 or 39 may not be renewed.’. |
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| | Page 26, line 5 [Clause 32], leave out ‘two’ and insert ‘four’. |
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| | Page 26, line 6 [Clause 32], leave out ‘on the balance of probabilities’ and insert |
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| | ‘beyond reasonable doubt’. |
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| | Page 26, line 6 [Clause 32], leave out ‘on the balance of probabilities’ and insert |
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| | ‘to the criminal standard of proof’. |
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| | Page 26, line 13 [Clause 32], leave out paragraph (b). |
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| | Page 26, line 13 [Clause 32], at end insert— |
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| | | ‘(3A) | The third condition is that the applicant has demonstrated that prosecution of the |
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| | | respondent for a criminal offence was considered but not proceeded with.’. |
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| | Page 26, line 13 [Clause 32], at end insert— |
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| | | ‘(3B) | The fourth condition is that the respondent is aged 18 or over.’. |
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| | Page 26, line 17 [Clause 32], leave out paragraph (b). |
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| | Page 26, line 19 [Clause 32], leave out from first ‘of’ to end of line 20 and insert ‘, |
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| | or is otherwise related to, the activities of a group that— |
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| | | (a) | consists of at least 3 people, |
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| | | (b) | uses a name, emblem or colour or has any other characteristic that |
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| | | enables its members to be identified by others as a group, and |
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| | | (c) | is associated with a particular area.’. |
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| | Page 26, line 19 [Clause 32], after ‘a’, insert ‘criminal’. |
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| | Page 26, line 20 [Clause 32], at end add— |
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| | | ‘(6) | In this section “gang” means a group of people who see themselves or are seen by |
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| | | others as a discernable group and exhibit any one or more of the following |
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| | | (a) | engaging in criminal activity; |
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| | | (b) | identifying with a particular geographical area; |
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| | | (c) | having some form of identifying organisational feature; |
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| | | (d) | being in conflict with other similar gangs.’. |
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| | Page 26, line 32 [Clause 33], leave out subsections (3) and (4). |
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| | Page 27, line 4 [Clause 33], leave out ‘and requirements’. |
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| | Page 27, line 9 [Clause 33], leave out ‘or (3)’. |
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| | Page 27, line 13 [Clause 34], leave out ‘or requirement’. |
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| | Page 27, line 14 [Clause 34], leave out from ‘injunction,’ to end of line 16 and |
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| | insert ‘the period for which it shall be in force.’. |
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| | Page 27, line 16 [Clause 34], at end insert ‘except that no injunction shall remain in |
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| | force for a period longer than two years from the date it is made.’. |
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| | Page 27, line 16 [Clause 34], at end insert— |
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| | | ‘(2A) | The period specified in subsection (2) above must not exceed three years. |
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| | | (2B) | Injunctions granted under section 32 may not be renewed.’. |
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| | Page 27, line 23 [Clause 34], leave out paragraph (b). |
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| | Page 27, line 26 [Clause 34], leave out ‘or requirement’. |
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| | Page 28, line 4 [Clause 36], leave out subsections (2) to (4) and insert— |
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| | | ‘( ) | The consultation requirement is that the applicant must consult— |
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| | | (a) | any local authority, and any chief officer of police, that the applicant |
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| | | thinks it appropriate to consult, and |
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| | | (b) | any other body or individual that the applicant thinks it appropriate to |
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| | Page 28, line 10 [Clause 36], at end insert— |
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| | | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
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| | | applicant chief officer considers would be appropriate to consult; and |
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| | | (d) | any youth offending team, local probation service or office of the |
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| | | National Offender Management Service that the applicant chief officer |
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| | | considers would be appropriate to consult.’. |
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| | Page 28, line 16 [Clause 36], at end insert— |
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| | | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
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| | | constable considers would be appropriate to consult; and |
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| | | (d) | any youth offending team, local probation service or office of the |
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| | | National Offender Management Service that the constable considers |
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| | | would be appropriate to consult.’. |
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| | Page 28, line 22 [Clause 36], at end insert— |
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| | | ‘(c) | any primary care trust, mental health trust or other NHS authority that the |
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| | | applicant local authority considers would be appropriate to consult; and |
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| | | (d) | any youth offending team, local probation service or office of the |
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| | | National Offender Management Service that the applicant local authority |
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| | | considers would be appropriate to consult.’. |
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