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) “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
11    (1)
A constable may require a person to attend a police station for the
5
purpose of taking a non-intimate sample from him under Article
63(3B).
      (2)
Where the condition in Article 63(3BA)(a) is satisfied (sample not
taken previously), the power under sub-paragraph (1) may not be
exercised after the end of the period of two years beginning with—
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(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 63(3BA)(b) is satisfied (sample taken
on a previous occasion not suitable 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 of the
matters specified in Article 63(3BA)(b)(i) or (ii), 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
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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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12
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(3C).
Persons convicted etc of an offence outside Northern Ireland
13
A constable may require a person to attend a police station for the
30
purpose of taking a non-intimate sample from him under Article
63(3D).
Multiple exercise of power
14    (1)
Where a non-intimate sample has been taken from a person under
Article 63 on two occasions in relation to any offence, he may not
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under this Schedule be required to attend a police station to have
another such sample taken from him under that Article in relation to
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) —
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(a)
the fact of the authorisation, and
(b)
the reasons for giving it,

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

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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
police station for the purposes of taking fingerprints or a sample
5
under any provision of this Order 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
provision has been obtained).
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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
(b)
may direct him so to attend at a specified time of day or
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between specified times of day.
      (2)
In specifying a period or time or times of day for the purposes of sub-
paragraph (1), the constable shall consider whether the fingerprints
or sample could reasonably be taken at a time when the person is for
any other reason required to attend the police station.
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      (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
(b)
the shorter period is authorised by an officer of at least the
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rank of inspector.
      (4)
Where an authorisation is given under sub-paragraph (3)(b)—
(a)
the fact of the authorisation, and
(b)
the reasons for giving it,

shall be recorded as soon as practicable after it has been given.
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      (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
constable in writing.
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Enforcement
17
A constable may arrest without warrant a person who has failed to
comply with a requirement under this Schedule.”
(3)
In that Order, in Article 29 (fingerprinting of certain offenders), paragraphs (1)
to (3) are repealed.
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(4)
In the Police (Northern Ireland) Act 2003, in Part 2 of Schedule 2 (powers
exercisable by detention officers)—

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(a)
in paragraph 11 (attendance at police station for fingerprinting), for
“Article 29(1) of the 1989 Order (fingerprinting of offenders)” there is
substituted “Schedule 2A to the 1989 Order (fingerprinting and
samples: power to require attendance at a police station)”;
(b)
in paragraph 19 (attendance at police station for the taking of a sample),
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for the words from “paragraph (4)” to “samples)” there is substituted
“Schedule 2A to the 1989 Order (fingerprinting and samples: power to
require attendance at a police station)”.
13
“Qualifying offence”
(1)
After Article 53 of the Police and Criminal Evidence (Northern Ireland) Order
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1989 (interpretation) there is inserted—
“53A
“Qualifying offence” etc
(1)
In this Part, “qualifying offence” means—
(a)
an offence specified in paragraph (2), or
(b)
an ancillary offence relating to such an offence.
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(2)
The offences referred to in paragraph (1)(a) are—
(a)
murder;
(b)
manslaughter;
(c)
false imprisonment;
(d)
kidnapping;
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(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
1883;
(g)
an offence under section 20 of the Children and Young Persons
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Act (Northern Ireland) 1968 (c. 34 (N.I.));
(h)
an offence under section 9 or 10 of the Theft Act (Northern
Ireland) 1969 (c. 16 (N.I.));
(i)
an offence under Article 3 of the Criminal Damage (Northern
Ireland) Order 1977 (S.I. 1977/426 (N.I. 4)) required to be
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charged as arson;
(j)
Article 3 of the Protection of Children (Northern Ireland) Order
1978 (S.I.1978/1047 (N.I. 17);
(k)
an offence under Article 172B of the Road Traffic (Northern
Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)) involving an
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accident which caused a person’s death;
(l)
an offence under section 1 of the Aviation Security Act 1982;
(m)
an offence under Article 4 of the Child Abduction (Northern
Ireland) Order 1985 (S.I. 1985/1638 (N.I. 17));
(n)
an offence under section 9 of the Aviation and Maritime
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Security Act 1990;
(o)
an offence under sections 57 to 59 of the Sexual Offences Act
2003;
(p)
an offence under section 5 of the Domestic Violence, Crime and
Victims Act 2004;
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(q)
an offence under Article 58, 59 or 60 of the Firearms (Northern
Ireland) Order 2004 (S.I. 2004/702 (N.I. 3));

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(r)
an offence for the time being listed in section 41(1) of the
Counter-Terrorism Act 2008;
(s)
an offence under any of Articles 5 to 26, 32, 33, 37, 40, 43 to 50,
62, 63, 65 to 71, 73 and 74 of the Sexual Offences (Northern
Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)).
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(3)
The Secretary of State may by order amend paragraph (2) (subject to
Article 89).
(4)
In paragraph (1)(b) “ancillary offence”, in relation to an offence,
means—
(a)
aiding, abetting, counselling or procuring the commission of
10
the offence;
(b)
an offence under Part 2 of the Serious Crime Act 2007
(encouraging or assisting crime) in relation to the offence
(including, in relation to times before the commencement of
that Part, an offence of incitement);
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(c)
attempting or conspiring to commit the offence.”
(2)
In Article 89 of that Order (orders and regulations subject to annulment),
before “60” there is inserted “53A,”.
Retention, destruction and use of fingerprints and samples etc
14
Material subject to the Police and Criminal Evidence Act 1984
20
(1)
For section 64 of the Police and Criminal Evidence Act 1984 (destruction of
fingerprints and samples) there is substituted—
“64
Retention of samples and fingerprints, etc generally
(1)
This section applies to the following material—
(a)
fingerprints, samples or impressions of footwear—
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(i)
taken from a person under any power conferred by this
Part of this Act, or
(ii)
taken in connection with the investigation of an offence
with the consent of the person from whom they were
taken, and
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(b)
a DNA profile derived from a DNA sample falling within
paragraph (a).
(2)
Material to which this section applies may be retained after it has
fulfilled the purpose for which it was taken or derived.
(3)
This section is subject to sections 64ZA to 64ZJ.
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(4)
This section and sections 64ZA to 64ZH do not apply to material to
which paragraph 14 of Schedule 8 to the Terrorism Act 2000 applies.
(5)
Any reference in those sections to a person being arrested for or
charged with an offence does not include a reference to a person—
(a)
being arrested under section 41 of the Terrorism Act 2000, or
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(b)
being arrested for or charged with an offence following an
arrest under that section.

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(6)
Nothing in this section, or sections 64ZA to 64ZN, affects any power
conferred by—
(a)
paragraph 18(2) of Schedule 2 to the Immigration Act 1971
(power to take reasonable steps to identify a person detained),
or
5
(b)
section 20 of the Immigration and Asylum Act 1999 (disclosure
of police information to the Secretary of State for use for
immigration purposes).”
(2)
After section 64 of that Act (as substituted by subsection (1) above) there is
inserted—
10
“64ZA
Destruction of samples
(1)
A DNA sample to which section 64 applies must be destroyed—
(a)
as soon as a DNA profile has been derived from the sample, or
(b)
if sooner, before the end of the period of 6 months beginning
with the date on which the sample was taken.
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(2)
Any other sample to which section 64 applies must be destroyed before
the end of the period of 6 months beginning with the date on which it
was taken.
64ZB
Destruction of data given voluntarily
(1)
This section applies to—
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(a)
fingerprints or impressions of footwear taken in connection
with the investigation of an offence with the consent of the
person from whom they were taken, and
(b)
a DNA profile derived from a DNA sample taken in connection
with the investigation of an offence with the consent of the
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person from whom the sample was taken.
(2)
Material to which this section applies must be destroyed as soon as it
has fulfilled the purpose for which it was taken or derived, unless it is—
(a)
material relating to a person who is convicted of the offence,
(b)
material relating to a person who has previously been convicted
30
of a recordable offence, other than a person who has only one
exempt conviction,
(c)
material in relation to which any of sections 64ZC to 64ZH
applies, or
(d)
material which is not required to be destroyed by virtue of
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consent given under section 64ZL.
(3)
If material to which this section applies leads to the person to whom the
material relates being arrested for or charged with an offence other than
the offence under investigation—
(a)
the material is not required to be destroyed by virtue of this
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section, and
(b)
sections 64ZD to 64ZH have effect in relation to the material as
if the material was taken (or, in the case of a DNA profile, was
derived from material taken) in connection with the
investigation of the offence in respect of which the person is
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arrested or charged.