Crime and Security Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Crime and Security Bill

Crime and Security Bill
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      (4)
In sub-paragraph (3) above “appropriate officer” means the officer
investigating the offence for which the person was charged or
informed that he would be reported.
Persons convicted etc of an offence in England and Wales
11    (1)
A constable may require a person to attend a police station for the
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purpose of taking a non-intimate sample from him under section
63(3B).
      (2)
Where the condition in section 63(3BA)(a) is satisfied (sample not
taken previously), the power under sub-paragraph (1) above may
not be exercised after the end of the period of two years beginning
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with—
(a)
the day on which the person was convicted, cautioned or
warned or reprimanded, or
(b)
if later, the day on which this Schedule comes into force.
      (3)
Where the condition in section 63(3BA)(b) is satisfied (sample taken
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on a previous occasion not suitable etc), the power under sub-
paragraph (1) above may not be exercised after the end of the period
of two years beginning with—
(a)
the day on which an appropriate officer was informed of the
matters specified in section 63(3BA)(b)(i) or (ii), or
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(b)
if later, the day on which this Schedule comes into force.
      (4)
In sub-paragraph (3)(a) above “appropriate officer” means an officer
of the police force which investigated the offence in question.
      (5)
Sub-paragraphs (2) and (3) above do not apply where—
(a)
the offence is a qualifying offence (whether or not it was such
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an offence at the time of the conviction, caution or warning or
reprimand), or
(b)
he was convicted before 10th April 1995 and is a person to
whom section 1 of the Criminal Evidence (Amendment) Act
1997 applies.
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Persons subject to a control order
12
A constable may require a person to attend a police station for the
purpose of taking a non-intimate sample from him under section
63(3D).
Persons convicted etc of an offence outside England and Wales
35
13
A constable may require a person to attend a police station for the
purpose of taking a non-intimate sample from him under section
63(3E).
Multiple exercise of power
14    (1)
Where a non-intimate sample has been taken from a person under
40
section 63 on two occasions in relation to any offence, he may not
under this Schedule be required to attend a police station to have
another such sample taken from him under that section in relation to

Crime and Security Bill
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that offence on a subsequent occasion without the authorisation of an
officer of at least the rank of inspector.
      (2)
Where an authorisation is given under sub-paragraph (1) above—
(a)
the fact of the authorisation, and
(b)
the reasons for giving it,
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shall be recorded as soon as practicable after it has been given.
Part 4
General and supplementary
Requirement to have power to take fingerprints or sample
15
A power conferred by this Schedule to require a person to attend a
10
police station for the purposes of taking fingerprints or a sample
under any provision of this Act may be exercised only in a case
where the fingerprints or sample may be taken from the person
under that provision (and, in particular, if any necessary
authorisation for taking the fingerprints or sample under that
15
provision has been obtained).
Date and time of attendance
16    (1)
A requirement under this Schedule—
(a)
shall give the person a period of at least seven days within
which he must attend the police station; and
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(b)
may direct him so to attend at a specified time of day or
between specified times of day.
      (2)
In specifying a period or time or times of day for the purposes of sub-
paragraph (1) above, the constable shall consider whether the
fingerprints or sample could reasonably be taken at a time when the
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person is for any other reason required to attend the police station.
      (3)
A requirement under this Schedule may specify a period shorter
than seven days if—
(a)
there is an urgent need for the fingerprints or sample for the
purposes of the investigation of an offence; and
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(b)
the shorter period is authorised by an officer of at least the
rank of inspector.
      (4)
Where an authorisation is given under sub-paragraph (3)(b) above—
(a)
the fact of the authorisation, and
(b)
the reasons for giving it,
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shall be recorded as soon as practicable after it has been given.
      (5)
If the constable giving a requirement under this Schedule and the
person to whom it is given so agree, it may be varied so as to specify
any period within which, or date or time at which, the person must
attend; but a variation shall not have effect unless confirmed by the
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constable in writing.

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Enforcement
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A constable may arrest without warrant a person who has failed to
comply with a requirement under this Schedule.”
(3)
In that Act, in section 27 (fingerprinting of certain offenders), subsections (1) to
(3) are repealed.
5
(4)
In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by
detention officers)—
(a)
in paragraph 25 (attendance at police station for fingerprinting), for
“section 27(1) of the 1984 Act (fingerprinting of suspects)” there is
substituted “Schedule 2A to the 1984 Act (fingerprinting and samples:
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power to require attendance at a police station)”;
(b)
in paragraph 32 (attendance at police station for the taking of a sample),
for the words from “subsection (4)” to “samples)” there is substituted
“Schedule 2A to the 1984 Act (fingerprinting and samples: power to
require attendance at a police station)”.
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7
“Qualifying offence”
After section 65 of the Police and Criminal Evidence Act 1984 there is
inserted—
“65A
“Qualifying offence”
(1)
In this Part, “qualifying offence” means—
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(a)
an offence specified in subsection (2) below, or
(b)
an ancillary offence relating to such an offence.
(2)
The offences referred to in subsection (1)(a) above are—
(a)
murder;
(b)
manslaughter;
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(c)
false imprisonment;
(d)
kidnapping;
(e)
an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences
Against the Person Act 1861;
(f)
an offence under section 2 or 3 of the Explosive Substances Act
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1883;
(g)
an offence under section 1 of the Children and Young Persons
Act 1933;
(h)
an offence under section 4(1) of the Criminal Law Act 1967
committed in relation to murder;
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(i)
an offence under sections 16 to 18 of the Firearms Act 1968;
(j)
an offence under section 9 or 10 of the Theft Act 1968 or an
offence under section 12A of that Act involving an accident
which caused a person’s death;
(k)
an offence under section 1 of the Criminal Damage Act 1971
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required to be charged as arson;
(l)
an offence under section 1 of the Protection of Children Act
1978;
(m)
an offence under section 1 of the Aviation Security Act 1982;
(n)
an offence under section 2 of the Child Abduction Act 1984;
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(o)
an offence under section 9 of the Aviation and Maritime
Security Act 1990;
(p)
an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50,
52, 53, 57 to 59, 61 to 67, 69 and 70 of the Sexual Offences Act
2003;
5
(q)
an offence under section 5 of the Domestic Violence, Crime and
Victims Act 2004;
(r)
an offence for the time being listed in section 41(1) of the
Counter-Terrorism Act 2008.
(3)
The Secretary of State may by order made by statutory instrument
10
amend subsection (2) above.
(4)
A statutory instrument containing an order under subsection (3) above
shall not be made unless a draft of the instrument has been laid before,
and approved by resolution of, each House of Parliament.
(5)
In subsection (1)(b) above “ancillary offence”, in relation to an offence,
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means—
(a)
aiding, abetting, counselling or procuring the commission of
the offence;
(b)
an offence under Part 2 of the Serious Crime Act 2007
(encouraging or assisting crime) in relation to the offence
20
(including, in relation to times before the commencement of
that Part, an offence of incitement);
(c)
attempting or conspiring to commit the offence.”
Taking of fingerprints and samples: Northern Ireland
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Powers to take material in relation to offences
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Fingerprinting
(1)
In the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/
1341 (N.I.12)), in Article 61 (fingerprinting), after paragraph (5) there is
inserted—
“(5A)
The fingerprints of a person may be taken without the appropriate
30
consent if (before or after the coming into force of this paragraph) he
has been arrested for a recordable offence and released and—
(a)
in the case of a person who is on bail, he has not had his
fingerprints taken in the course of the investigation of the
offence by the police; or
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(b)
in any case, he has had his fingerprints taken in the course of
that investigation but paragraph (4A)(a) or (b) applies.”
(2)
In that Article, after paragraph (5A) (as inserted by subsection (1) above) there
is inserted—
“(5B)
The fingerprints of a person not detained at a police station may be
40
taken without the appropriate consent if (before or after the coming
into force of this paragraph) he been charged with a recordable offence
or informed that he will be reported for such an offence and—
(a)
he has not had his fingerprints taken in the course of the
investigation of the offence by the police; or
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(b)
he has had his fingerprints taken in the course of that
investigation but paragraph (4A)(a) or (b) applies.”
(3)
In that Article, for paragraph (6) there is substituted—
“(6)
Subject to this Article, the fingerprints of a person may be taken
without the appropriate consent if (before or after the coming into force
5
of this paragraph)—
(a)
he has been convicted of a recordable offence, or
(b)
he has been given a caution in respect of a recordable offence
which, at the time of the caution, he has admitted, and

either of the conditions mentioned in paragraph (6ZA) is met.
10
(6ZA)
The conditions referred to in paragraph (6) are—
(a)
the person has not had his fingerprints taken since he was
convicted or cautioned;
(b)
he has had his fingerprints taken since then but paragraph
(4A)(a) or (b) applies.
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(6ZB)
Fingerprints may only be taken as specified in paragraph (6) with the
authorisation of an officer of at least the rank of inspector.
(6ZC)
An officer may only give an authorisation under paragraph (6ZB) if the
officer is satisfied that taking the fingerprints is necessary to assist in
the prevention or detection of crime.
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(6ZD)
Paragraph (6) shall not apply to a person who, in relation to a sentence
in respect of an offence, is released on licence under the Northern
Ireland (Sentences) Act 1998 (or has been so released and the licence has
lapsed).”
Non-intimate samples
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(4)
In Article 63 of that Order (non-intimate samples), after paragraph (3) there is
inserted—
“(3ZA)
A non-intimate sample may be taken from a person without the
appropriate consent if (before or after the coming into force of this
paragraph) he has been arrested for a recordable offence and released
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and—
(a)
in the case of a person who is on bail, he has not had a non-
intimate sample of the same type and from the same part of the
body taken from him in the course of the investigation of the
offence by the police; or
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(b)
in any case, he has had an non-intimate sample taken from him
in the course of that investigation but—
(i)
it was not suitable for the same means of analysis, or
(ii)
it proved insufficient.”
(5)
In that Article, for paragraph (3A) there is substituted—
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“(3A)
A non-intimate sample may be taken from a person (whether or not he
is in police detention or held in custody by the police on the authority
of a court) without the appropriate consent if he has been charged with
a recordable offence or informed that he will be reported for such an
offence and—
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(a)
he has not had a non-intimate sample taken from him in the
course of the investigation of the offence by the police; or
(b)
he has had a non-intimate sample taken from him in the course
of that investigation but—
(i)
it was not suitable for the same means of analysis, or
5
(ii)
it proved insufficient; or
(c)
he has had a non-intimate sample taken from him in the course
of that investigation and—
(i)
the sample has been destroyed pursuant to Article 64ZA
or any other enactment, and
10
(ii)
it is disputed, in relation to any proceedings relating to
the offence, whether a DNA profile relevant to the
proceedings is derived from the sample.”
(6)
In that Article (non-intimate samples), for paragraph (3B) there is substituted—
“(3B)
Subject to this Article, a non-intimate sample may be taken from a
15
person without the appropriate consent if (before or after the coming
into force of this paragraph)—
(a)
he has been convicted of a recordable offence, or
(b)
he has been given a caution in respect of a recordable offence
which, at the time of the caution, he has admitted, and
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either of the conditions mentioned in paragraph (3BA) is met.
(3BA)
The conditions referred to in paragraph (3B) are—
(a)
a non-intimate sample has not been taken from the person since
he was convicted or cautioned;
(b)
such a sample has been taken from him since then but—
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(i)
it was not suitable for the same means of analysis, or
(ii)
it proved insufficient.
(3BB)
A non-intimate sample may only be taken as specified in paragraph
(3B) with the authorisation of an officer of at least the rank of inspector.
(3BC)
An officer may only give an authorisation under paragraph (3BB) if the
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officer is satisfied that taking the sample is necessary to assist in the
prevention or detection of crime.
(3BD)
Paragraph (3B) shall not apply to—
(a)
a person convicted of an offence before 29 July 1996, unless the
offence is a qualifying offence by virtue of being—
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(i)
an offence specified in any of paragraphs (a) to (n) of
Article 53A(2), or
(ii)
an ancillary offence, within the meaning given by
Article 53A(4), in relation to such an offence;
(b)
a person given a caution before 29 July 1996;
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(c)
a person who, in relation to a sentence in respect of an offence,
is released on licence under the Northern Ireland (Sentences)
Act 1998 (or has been so released and the licence has lapsed).”
(7)
In that Article, paragraph (10) is repealed.