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| | Policing and Crime Bill, As Amended
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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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| | | Negatived on division NC1 |
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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| | | ‘(1) | Section 82 of the Criminal Justice and Police Act 2001 is repealed.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| | | (2) | Sections 9 and 10 of the Criminal Justice Act 2003 are repealed.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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| | | Negatived on division NC32 |
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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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| | | | “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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| | Page 117, line 32, leave out Clause 96. |
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| | Page 118, line 3, leave out Clause 97. |
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| | Page 119, line 5 [Clause 97], at end insert— |
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| | | ‘(10A) | Before making regulations under this Article, the Secretary of State must |
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| | | publish a draft of the regulations and consider any representations made |
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| | | to the Secretary of State about them.’. |
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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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