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Crime and Security Bill


Crime and Security Bill

18

 

9       

Powers to take material in relation to offences outside Northern Ireland

Fingerprinting

(1)   

In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order

1989 (fingerprinting), after paragraph (6C) there is inserted—

“(6D)   

Subject to this Article, the fingerprints of a person who is a United

5

Kingdom national or resident may be taken without the appropriate

consent if—

(a)   

under the law in force in a country or territory outside Northern

Ireland the person has been convicted of an offence under that

law (whether before or after the coming into force of this

10

paragraph and whether or not he has been punished for it);

(b)   

the act constituting the offence would constitute a qualifying

offence if done in Northern Ireland (whether or not it

constituted such an offence when the person was convicted);

and

15

(c)   

either of the conditions mentioned in paragraph (6E) is met.

(6E)   

The conditions referred to in paragraph (6D)(c) are—

(a)   

the person has not had his fingerprints taken on a previous

occasion under that paragraph;

(b)   

he has had his fingerprints taken on a previous occasion under

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that paragraph but paragraph (4A)(a) or (b) applies.

(6F)   

Fingerprints may only be taken as specified in paragraph (6D) with the

authorisation of an officer of at least the rank of inspector.

(6G)   

An officer may only give an authorisation under paragraph (6F) if the

officer is satisfied that taking the fingerprints is necessary to assist in

25

the prevention or detection of crime.”

Intimate samples

(2)   

In Article 62 of that Order (intimate samples), after paragraph (2) there is

inserted—

“(2A)   

An intimate sample may be taken from a person where—

30

(a)   

two or more non-intimate samples suitable for the same means

of analysis have been taken from the person under Article

63(3D) (persons convicted of offences outside Northern Ireland

etc) but have proved insufficient;

(b)   

a police officer of at least the rank of inspector authorises it to be

35

taken; and

(c)   

the appropriate consent is given.

(2B)   

An officer may only give an authorisation under paragraph (2A) if the

officer is satisfied that taking the sample is necessary to assist in the

prevention or detection of crime.”

40

(3)   

In that Article, in paragraph (3), after “or (1A)” there is inserted “or (2A)”.

Non-intimate samples

(4)   

In Article 63 of that Order (other samples), after paragraph (3C) there is

 
 

Crime and Security Bill

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inserted—

“(3D)   

Subject to this Article, a non-intimate sample may be taken without the

appropriate consent from a person who is a United Kingdom national

or resident if—

(a)   

under the law in force in a country or territory outside Northern

5

Ireland the person has been convicted of an offence under that

law (whether before or after the coming into force of this

paragraph and whether or not he has been punished for it);

(b)   

the act constituting the offence would constitute a qualifying

offence if done in Northern Ireland (whether or not it

10

constituted such an offence when the person was convicted);

and

(c)   

either of the conditions mentioned in paragraph (3E) is met.

(3E)   

The conditions referred to in paragraph (3D) are—

(a)   

the person has not had a non-intimate sample taken from him

15

on a previous occasion under that paragraph;

(b)   

he has had such a sample taken from him on a previous

occasion under that paragraph but—

(i)   

the sample was not suitable for the same means of

analysis, or

20

(ii)   

it proved insufficient.

(3F)   

A non-intimate sample may only be taken as specified in paragraph

(3D) with the authorisation of an officer of at least the rank of inspector.

(3G)   

An officer may only give an authorisation under paragraph (3F) if the

officer is satisfied that taking the sample is necessary to assist in the

25

prevention or detection of crime.”

Interpretation

(5)   

In Article 53 of that Order (interpretation), in paragraph (1)—

(a)   

after the definition of “non-intimate sample” there is inserted—

““offence”, in relation to any country or territory outside

30

Northern Ireland, includes an act punishable under the

law of that country or territory, however it is

described;”;

(b)   

at the end there is inserted—

““United Kingdom national” means—

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(a)   

a British citizen, a British overseas territories

citizen, a British National (Overseas) or a British

Overseas citizen;

(b)   

a person who under the British Nationality Act

1984 is a British subject; or

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(c)   

a British protected person within the meaning of

that Act;

“United Kingdom resident” means an individual who is

resident in the United Kingdom.”

 
 

Crime and Security Bill

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(6)   

In that Article, at the end there is inserted—

“(4)   

For the purposes of this Part, a person has in particular been convicted

of an offence under the law of a country or territory outside Northern

Ireland if—

(a)   

a court exercising jurisdiction under the law of that country or

5

territory has made in respect of such an offence a finding

equivalent to a finding that the person is not guilty by reason of

insanity; or

(b)   

such a court has made in respect of such an offence a finding

equivalent to a finding that the person is under a disability and

10

did the act charged against him in respect of the offence.”

10      

Information to be given on taking of material

Fingerprinting

(1)   

In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order

1989 (fingerprinting), for paragraph (7) there is substituted—

15

“(7)   

Where a person’s fingerprints are taken without the appropriate

consent by virtue of any power conferred by this Article—

(a)   

before the fingerprints are taken, the person shall be informed

of—

(i)   

the reason for taking the fingerprints;

20

(ii)   

the power by virtue of which they are taken; and

(iii)   

in a case where the authorisation of the court or an

officer is required for the exercise of the power, the fact

that the authorisation has been given; and

(b)   

those matters shall be recorded as soon as practicable after the

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fingerprints are taken.”

(2)   

In that Article, in paragraph (7A)—

(a)   

for “paragraph (6A)”, in the first place, there is substituted “paragraph

(4AA), (6A)”;

(b)   

in paragraph (a), for the words from “(or” to “constable)” there is

30

substituted “(or, where by virtue of paragraph (4AA), (6A) or (6BA) the

fingerprints are taken at a place other than a police station, the

constable taking the fingerprints)”.

(3)   

In that Article, in paragraph (8) (requirement to record reason for taking

fingerprints on custody record), for “the reason for taking them” there is

35

substituted “the matters referred to in paragraph (7)(a)(i) to (iii)”.

Intimate samples

(4)   

In Article 62 of that Order (intimate samples), for paragraphs (5) to (7A) there

is substituted—

“(5)   

Before an intimate sample is taken from a person, an officer shall

40

inform him of the following—

(a)   

the reason for taking the sample;

(b)   

the fact that authorisation has been given and the provision of

this Article under which it has been given; and

(c)   

if the sample was taken at a police station, the fact that the

45

sample may be the subject of a speculative search.

 
 

Crime and Security Bill

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(6)   

The reason referred to in paragraph (5)(a) must include, except in a case

where the intimate sample is taken under paragraph (2A), a statement

of the nature of the offence in which it is suspected that the person has

been involved.

(7)   

After an intimate sample has been taken from a person, the following

5

shall be recorded as soon as practicable—

(a)   

the matters referred to in paragraph (5)(a) and (b);

(b)   

if the sample was taken at a police station, the fact that the

person has been informed as specified in paragraph (5)(c); and

(c)   

the fact that the appropriate consent was given.”

10

(5)   

In that Article, in paragraph (8), the words “or (7A)” are repealed.

(6)   

In the Police (Northern Ireland) Act 2003, in Part 2 of Schedule 2 (powers

exercisable by detention officers), in paragraph 16 (warnings about intimate

samples), for “Article 62(7A)(a)” there is substituted “Article 62(5)(c)”.

Non-intimate samples

15

(7)   

In Article 63 of the Police and Criminal Evidence (Northern Ireland) Order

1989 (non-intimate samples), for paragraphs (6) to (8A) there is substituted—

“(6)   

Where a non-intimate sample is taken from a person without the

appropriate consent by virtue of any power conferred by this Article—

(a)   

before the sample is taken, an officer shall inform him of—

20

(i)   

the reason for taking the sample;

(ii)   

the power by virtue of which it is taken; and

(iii)   

in a case where the authorisation of an officer is required

for the exercise of the power, the fact that the

authorisation has been given; and

25

(b)   

those matters shall be recorded as soon as practicable after the

sample is taken.

(7)   

The reason referred to in paragraph (6)(a)(i) must include, except in a

case where the non-intimate sample is taken under paragraph (3B) or

(3D), a statement of the nature of the offence in which it is suspected

30

that the person has been involved.”

(8)   

In that Article, in paragraph (9) (requirement to record matters on custody

record), for “paragraph (8), (8A) or (8B)” there is substituted “paragraph (6) or

(8B)”.

11      

Speculative searches

35

(1)   

In Article 63A of the Police and Criminal Evidence (Northern Ireland) Order

1989 (supplementary), after paragraph (1D) there is inserted—

“(1E)   

Where fingerprints or samples have been taken from any person under

Article 61(6) or 63(3B) (persons convicted etc), the fingerprints or

samples, or information derived from the samples, may be checked

40

against any of the fingerprints, samples or information mentioned in

paragraph (1)(a) or (b).

(1F)   

Where fingerprints or samples have been taken from any person under

Article 61(6D), 62(2A) or 63(3D) (offences outside Northern Ireland),

the fingerprints or samples, or information derived from the samples,

45

 
 

Crime and Security Bill

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may be checked against any of the fingerprints, samples or information

mentioned in paragraph (1)(a) or (b).”

(2)   

In Schedule 4 to the International Criminal Court Act 2001 (taking of

fingerprints or non-intimate samples), in paragraph 7(3)(b), after “Article

63A(1)” there is inserted “, (1E) or (1F)”.

5

12      

Power to require attendance at police station

(1)   

In Article 63A of the Police and Criminal Evidence (Northern Ireland) Order

1989 (fingerprinting and samples: supplementary provisions), for paragraphs

(4) to (8) there is substituted—

“(4)   

Schedule 2A (fingerprinting and samples: power to require attendance

10

at police station) shall have effect.”

(2)   

In that Order, after Schedule 2 there is inserted—

“Schedule 2A

 

Fingerprinting and samples: power to require attendance at police

station

15

Part 1

Fingerprinting

Persons arrested and released

1     (1)  

A constable may require a person to attend a police station for the

purpose of taking his fingerprints under Article 61(5A).

20

      (2)  

The power under sub-paragraph (1) may not be exercised in a case

falling within Article 61(5A)(b) (fingerprints taken on previous

occasion insufficient etc) after the end of the period of six months

beginning with the day on which the appropriate officer was

informed that Article 61(4A)(a) or (b) applied.

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      (3)  

In sub-paragraph (2) “appropriate officer” means the officer

investigating the offence for which the person was arrested.

Persons charged etc

2     (1)  

A constable may require a person to attend a police station for the

purpose of taking his fingerprints under Article 61(5B).

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      (2)  

The power under sub-paragraph (1) may not be exercised after the

end of the period of six months beginning with—

(a)   

in a case falling within Article 61(5B)(a) (fingerprints not

taken previously), the day on which the person was charged

or informed that he would be reported, or

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(b)   

in a case falling within Article 61(5B)(b) (fingerprints taken

on previous occasion insufficient etc), the day on which the

appropriate officer was informed that Article 61(4A)(a) or (b)

applied.

 
 

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      (3)  

In sub-paragraph (2)(b) “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 Northern Ireland

3     (1)  

A constable may require a person to attend a police station for the

5

purpose of taking his fingerprints under Article 61(6).

      (2)  

Where the condition in Article 61(6ZA)(a) is satisfied (fingerprints

not taken previously), the power under sub-paragraph (1) may not

be exercised after the end of the period of two years beginning

with—

10

(a)   

the day on which the person was convicted or cautioned, or

(b)   

if later, the day on which this Schedule comes into force.

      (3)  

Where the condition in Article 61(6ZA)(b) is satisfied (fingerprints

taken on previous occasion insufficient etc), the power under sub-

paragraph (1) may not be exercised after the end of the period of two

15

years beginning with—

(a)   

the day on which an appropriate officer was informed that

Article 61(4A)(a) or (b) applied, or

(b)   

if later, the day on which this Schedule comes into force.

      (4)  

In sub-paragraph (3)(a) “appropriate officer” means an officer of the

20

police force which investigated the offence in question.

      (5)  

Sub-paragraphs (2) and (3) do not apply where the offence is a

qualifying offence (whether or not it was such an offence at the time

of the conviction or caution).

Persons subject to a control order

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4          

A constable may require a person to attend a police station for the

purpose of taking his fingerprints under Article 61(6BA).

Persons convicted etc of an offence outside Northern Ireland

5          

A constable may require a person to attend a police station for the

purpose of taking his fingerprints under Article 61(6D).

30

Multiple attendance

6     (1)  

Where a person’s fingerprints have been taken under Article 61 on

two occasions in relation to any offence, he may not under this

Schedule be required to attend a police station to have his

fingerprints taken under that Article in relation to that offence on a

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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) —

(a)   

the fact of the authorisation, and

(b)   

the reasons for giving it,

40

           

shall be recorded as soon as practicable after it has been given.

 
 

Crime and Security Bill

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Part 2

Intimate samples

Persons suspected to be involved in an offence

7          

A constable may require a person to attend a police station for the

purpose of taking an intimate sample from him under Article 62(1A)

5

if, in the course of the investigation of an offence, two or more non-

intimate samples suitable for the same means of analysis have been

taken from him but have proved insufficient.

Persons convicted etc of an offence outside Northern Ireland

8          

A constable may require a person to attend a police station for the

10

purpose of taking a sample from him under Article 62(2A) if two or

more non-intimate samples suitable for the same means of analysis

have been taken from him under Article 63(3D) but have proved

insufficient.

Part 3

15

Non-intimate samples

Persons arrested and released

9     (1)  

A constable may require a person to attend a police station for the

purpose of taking a non-intimate sample from him under Article

63(3ZA).

20

      (2)  

The power under sub-paragraph (1) may not be exercised in a case

falling within Article 63(3ZA)(b) (sample taken on a previous

occasion not suitable etc) after the end of the period of six months

beginning with the day on which the appropriate officer was

informed of the matters specified in Article 63(3ZA)(b)(i) or (ii).

25

      (3)  

In sub-paragraph (2) “appropriate officer” means the officer

investigating the offence for which the person was arrested.

Persons charged etc

10    (1)  

A constable may require a person to attend a police station for the

purpose of taking a non-intimate sample from him under Article

30

63(3A).

      (2)  

The power under sub-paragraph (1) may not be exercised in a case

falling within Article 63(3A)(a) (sample not taken previously) after

the end of the period of six months beginning with the day on which

he was charged or informed that he would be reported.

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      (3)  

The power under sub-paragraph (1) may not be exercised in a case

falling within Article 63(3A)(b) (sample taken on a previous occasion

not suitable etc) after the end of the period of six months beginning

with the day on which the appropriate officer was informed of the

matters specified in Article 63(3A)(b)(i) or (ii).

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