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Session 2009 - 10
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Other Bills before Parliament

Crime and Security Bill


Crime and Security Bill

30

 

64ZC    

Destruction of data relating to a person subject to a control order

(1)   

This section applies to material falling within subsection (2) relating to

a person who—

(a)   

has no previous convictions or only one exempt conviction, and

(b)   

is subject to a control order.

5

(2)   

Material falls within this subsection if it is—

(a)   

fingerprints taken from the person, or

(b)   

a DNA profile derived from a DNA sample taken from the

person.

(3)   

The material must be destroyed before the end of the period of 2 years

10

beginning with the date on which the person ceases to be subject to a

control order.

(4)   

This section ceases to have effect in relation to the material if the person

is convicted of a recordable offence before the material is required to be

destroyed by virtue of this section.

15

64ZD    

Destruction of data relating to persons not convicted

(1)   

This section applies to material falling within subsection (2) relating to

a person who—

(a)   

has no previous convictions or only one exempt conviction,

(b)   

is arrested for or charged with a recordable offence, and

20

(c)   

is aged 18 or over at the time of the alleged offence.

(2)   

Material falls within this subsection if it is—

(a)   

fingerprints or impressions of footwear taken from the person

in connection with the investigation of the offence, or

(b)   

a DNA profile derived from a DNA sample so taken.

25

(3)   

The material must be destroyed—

(a)   

in the case of fingerprints or impressions of footwear, before the

end of the period of 6 years beginning with the date on which

the fingerprints or impressions were taken,

(b)   

in the case of a DNA profile, before the end of the period of 6

30

years beginning with the date on which the DNA sample from

which the profile was derived was taken (or, if the profile was

derived from more than one DNA sample, the date on which

the first of those samples was taken).

(4)   

But if, before the material is required to be destroyed by virtue of this

35

section, the person is arrested for or charged with a recordable offence

the material may be further retained until the end of the period of 6

years beginning with the date of the arrest or charge.

(5)   

This section ceases to have effect in relation to the material if the person

is convicted of a recordable offence before the material is required to be

40

destroyed by virtue of this section.

64ZE    

Destruction of data relating to persons under 18 not convicted:

recordable offences other than qualifying offences

(1)   

This section applies to material falling within subsection (2) relating to

a person who—

45

 
 

Crime and Security Bill

31

 

(a)   

has no previous convictions or only one exempt conviction,

(b)   

is arrested for or charged with a recordable offence other than a

qualifying offence, and

(c)   

is aged under 18 at the time of the alleged offence.

(2)   

Material falls within this subsection if it is—

5

(a)   

fingerprints or impressions of footwear taken from the person

in connection with the investigation of the offence, or

(b)   

a DNA profile derived from a DNA sample so taken.

(3)   

The material must be destroyed—

(a)   

in the case of fingerprints or impressions of footwear, before the

10

end of the period of 3 years beginning with the date on which

the fingerprints or impressions were taken,

(b)   

in the case of a DNA profile, before the end of the period of 3

years beginning with the date on which the DNA sample from

which the profile was derived was taken (or, if the profile was

15

derived from more than one DNA sample, the date on which

the first of those samples was taken).

(4)   

But if, before the material is required to be destroyed by virtue of this

section, the person is arrested for or charged with a recordable

offence—

20

(a)   

where the person is aged 18 or over at the time of the alleged

offence, the material may be further retained until the end of the

period of 6 years beginning with the date of the arrest or charge,

(b)   

where—

(i)   

the alleged offence is not a qualifying offence, and

25

(ii)   

the person is aged under 18 at the time of the alleged

offence,

   

the material may be further retained until the end of the period

of 3 years beginning with the date of the arrest or charge,

(c)   

where—

30

(i)   

the alleged offence is a qualifying offence, and

(ii)   

the person is aged under 16 at the time of the alleged

offence,

   

the material may be further retained until the end of the period

of 3 years beginning with the date of the arrest or charge,

35

(d)   

where—

(i)   

the alleged offence is a qualifying offence, and

(ii)   

the person is aged 16 or 17 at the time of the alleged

offence,

   

the material may be further retained until the end of the period

40

of 6 years beginning with the date of the arrest or charge,

(e)   

where—

(i)   

the person is convicted of the offence,

(ii)   

the offence is not a qualifying offence,

(iii)   

the person is aged under 18 at the time of the offence,

45

and

(iv)   

the person has no previous convictions,

   

the material may be further retained until the end of the period

of 5 years beginning with the date of the arrest or charge.

 
 

Crime and Security Bill

32

 

(5)   

This section ceases to have effect in relation to the material if, before the

material is required to be destroyed by virtue of this section, the

person—

(a)   

is convicted of a recordable offence and is aged 18 or over at the

time of the offence,

5

(b)   

is convicted of a qualifying offence, or

(c)   

having a previous exempt conviction, is convicted of a

recordable offence.

64ZF    

Destruction of data relating to persons under 16 not convicted:

qualifying offences

10

(1)   

This section applies to material falling within subsection (2) relating to

a person who—

(a)   

has no previous convictions or only one exempt conviction,

(b)   

is arrested for or charged with a qualifying offence, and

(c)   

is aged under 16 at the time of the alleged offence.

15

(2)   

Material falls within this subsection if it is—

(a)   

fingerprints or impressions of footwear taken from the person

in connection with the investigation of the offence, or

(b)   

a DNA profile derived from a DNA sample so taken.

(3)   

The material must be destroyed—

20

(a)   

in the case of fingerprints or impressions of footwear, before the

end of the period of 3 years beginning with the date on which

the fingerprints or impressions were taken,

(b)   

in the case of a DNA profile, before the end of the period of 3

years beginning with the date on which the DNA sample from

25

which the profile was derived was taken (or, if the profile was

derived from more than one DNA sample, the date on which

the first of those samples was taken).

(4)   

But if, before the material is required to be destroyed by virtue of this

section, the person is arrested for or charged with a recordable

30

offence—

(a)   

where the person is aged 18 or over at the time of the alleged

offence, the material may be further retained until the end of the

period of 6 years beginning with the date of the arrest or charge,

(b)   

where—

35

(i)   

the alleged offence is not a qualifying offence, and

(ii)   

the person is aged under 18 at the time of the alleged

offence,

   

the material may be further retained until the end of the period

of 3 years beginning with the date of the arrest or charge,

40

(c)   

where—

(i)   

the alleged offence is a qualifying offence, and

(ii)   

the person is aged under 16 at the time of the alleged

offence,

   

the material may be further retained until the end of the period

45

of 3 years beginning with the date of the arrest or charge,

(d)   

where—

(i)   

the alleged offence is a qualifying offence, and

 
 

Crime and Security Bill

33

 

(ii)   

the person is aged 16 or 17 at the time of the alleged

offence,

   

the material may be further retained until the end of the period

of 6 years beginning with the date of the arrest or charge,

(e)   

where—

5

(i)   

the person is convicted of the offence,

(ii)   

the offence is not a qualifying offence,

(iii)   

the person is aged under 18 at the time of the offence,

and

(iv)   

the person has no previous convictions,

10

   

the material may be further retained until the end of the period

of 5 years beginning with the date of the arrest or charge.

(5)   

This section ceases to have effect in relation to the material if, before the

material is required to be destroyed by virtue of this section, the

person—

15

(a)   

is convicted of a recordable offence and is aged 18 or over at the

time of the offence,

(b)   

is convicted of a qualifying offence, or

(c)   

having a previous exempt conviction, is convicted of a

recordable offence.

20

64ZG    

Destruction of data relating to persons aged 16 or 17 not convicted:

qualifying offences

(1)   

This section applies to material falling within subsection (2) relating to

a person who—

(a)   

has no previous convictions or only one exempt conviction,

25

(b)   

is arrested for or charged with a qualifying offence, and

(c)   

is aged 16 or 17 at the time of the alleged offence.

(2)   

Material falls within this subsection if it is—

(a)   

fingerprints or impressions of footwear taken from the person

in connection with the investigation of the offence, or

30

(b)   

a DNA profile derived from a DNA sample so taken.

(3)   

The material must be destroyed—

(a)   

in the case of fingerprints or impressions of footwear, before the

end of the period of 6 years beginning with the date on which

the fingerprints or impressions were taken,

35

(b)   

in the case of a DNA profile, before the end of the period of 6

years beginning with the date on which the DNA sample from

which the profile was derived was taken (or, if the profile was

derived from more than one DNA sample, the date on which

the first of those samples was taken).

40

(4)   

But if, before the material is required to be destroyed by virtue of this

section, the person is arrested for or charged with a recordable

offence—

(a)   

where the person is aged 18 or over at the time of the alleged

offence, the material may be further retained until the end of the

45

period of 6 years beginning with the date of the arrest or charge,

(b)   

where—

(i)   

the alleged offence is not a qualifying offence, and

 
 

Crime and Security Bill

34

 

(ii)   

the person is aged under 18 at the time of the alleged

offence,

   

the material may be further retained until the end of the period

of 3 years beginning with the date of the arrest or charge,

(c)   

where—

5

(i)   

the alleged offence is a qualifying offence, and

(ii)   

the person is aged 16 or 17 at the time of the alleged

offence,

   

the material may be further retained until the end of the period

of 6 years beginning with the date of the arrest or charge,

10

(d)   

where—

(i)   

the person is convicted of the offence,

(ii)   

the offence is not a qualifying offence,

(iii)   

the person is aged under 18 at the time of the offence,

and

15

(iv)   

the person has no previous convictions,

   

the material may be further retained until the end of the period

of 5 years beginning with the date of the arrest or charge.

(5)   

This section ceases to have effect in relation to the material if, before the

material is required to be destroyed by virtue of this section, the

20

person—

(a)   

is convicted of a recordable offence and is aged 18 or over at the

time of the offence,

(b)   

is convicted of a qualifying offence, or

(c)   

having a previous exempt conviction, is convicted of a

25

recordable offence.

64ZH    

Destruction of data relating to persons under 18 convicted of a

recordable offence other than a qualifying offence

(1)   

This section applies to material falling within subsection (2) relating to

a person who—

30

(a)   

has no previous convictions,

(b)   

is convicted of a recordable offence other than a qualifying

offence, and

(c)   

is aged under 18 at the time of the offence.

(2)   

Material falls within this subsection if it is—

35

(a)   

fingerprints or impressions of footwear taken from the person

in connection with the investigation of the offence, or

(b)   

a DNA profile derived from a DNA sample so taken.

(3)   

The material must be destroyed—

(a)   

in the case of fingerprints or impressions of footwear, before the

40

end of the period of 5 years beginning with the date on which

the fingerprints or impressions were taken,

(b)   

in the case of a DNA profile, before the end of the period of 5

years beginning with the date on which the DNA sample from

which the profile was derived was taken (or, if the profile was

45

derived from more than one DNA sample, the date on which

the first of those samples was taken).

 
 

Crime and Security Bill

35

 

(4)   

But if, before the material is required to be destroyed by virtue of this

section, the person is arrested for or charged with a recordable

offence—

(a)   

where the person is aged 18 or over at the time of the alleged

offence, the material may be further retained until the end of the

5

period of 6 years beginning with the date of the arrest or charge,

(b)   

where—

(i)   

the alleged offence is not a qualifying offence, and

(ii)   

the person is aged under 18 at the time of the alleged

offence,

10

   

the material may be further retained until the end of the period

of 3 years beginning with the date of the arrest or charge,

(c)   

where—

(i)   

the alleged offence is a qualifying offence, and

(ii)   

the person is aged under 16 at the time of the alleged

15

offence,

   

the material may be further retained until the end of the period

of 3 years beginning with the date of the arrest or charge,

(d)   

where—

(i)   

the alleged offence is a qualifying offence, and

20

(ii)   

the person is aged 16 or 17 at the time of the alleged

offence,

   

the material may be further retained until the end of the period

of 6 years beginning with the date of the arrest or charge.

(5)   

This section ceases to have effect in relation to the material if the person

25

is convicted of a further recordable offence before the material is

required to be destroyed by virtue of this section.

64ZI    

Sections 64ZB to 64ZH: supplementary provision

(1)   

Any reference in sections 64ZB to 64ZH to a person being charged with

an offence includes a reference to a person being informed that he will

30

be reported for an offence.

(2)   

For the purposes of those sections—

(a)   

a person has no previous convictions if the person has not

previously been convicted of a recordable offence, and

(b)   

if the person has been previously convicted of a recordable

35

offence, the conviction is exempt if it is in respect of a recordable

offence other than a qualifying offence, committed when the

person is aged under 18.

(3)   

For the purposes of those sections, a person is to be treated as having

been convicted of an offence if—

40

(a)   

he has been given a caution in respect of the offence which, at

the time of the caution, he has admitted, or

(b)   

he has been warned or reprimanded under section 65 of the

Crime and Disorder Act 1998 for the offence.

(4)   

If a person is convicted of more than one offence arising out of a single

45

course of action, those convictions are to be treated as a single

conviction for the purpose of any provision of those sections relating to

an exempt, first or subsequent conviction.

 
 

Crime and Security Bill

36

 

(5)   

Subject to the completion of any speculative search that the responsible

chief officer of police considers necessary or desirable, material falling

within any of sections 64ZD to 64ZH must be destroyed immediately if

it appears to the chief officer that—

(a)   

the arrest was unlawful,

5

(b)   

the taking of the fingerprints, impressions of footwear or DNA

sample concerned was unlawful,

(c)   

the arrest was based on mistaken identity, or

(d)   

other circumstances relating to the arrest or the alleged offence

mean that it is appropriate to destroy the material.

10

(6)   

“Responsible chief officer of police” means the chief officer of police for

the police area—

(a)   

in which the samples, fingerprints or impressions of footwear

were taken, or

(b)   

in the case of a DNA profile, in which the sample from which

15

the DNA profile was derived was taken.

64ZJ    

Destruction of fingerprints taken under section 61(6A)

Fingerprints taken from a person by virtue of section 61(6A) (taking

fingerprints for the purposes of identification) must be destroyed as

soon as they have fulfilled the purpose for which they were taken.

20

64ZK    

Retention for purposes of national security

(1)   

Subsection (2) applies if the responsible chief officer of police

determines that it is necessary for—

(a)   

a DNA profile to which section 64 applies, or

(b)   

fingerprints to which section 64 applies, other than fingerprints

25

taken under section 61(6A),

   

to be retained for the purposes of national security.

(2)   

Where this subsection applies—

(a)   

the material is not required to be destroyed in accordance with

sections 64ZB to 64ZH, and

30

(b)   

section 64ZN(2) does not apply to the material,

   

for as long as the determination has effect.

(3)   

A determination under subsection (1) has effect for a maximum of two

years beginning with the date on which the material would otherwise

be required to be destroyed, but a determination may be renewed.

35

(4)   

“Responsible chief officer of police” means the chief officer of police for

the police area—

(a)   

in which the samples, fingerprints or impressions of footwear

were taken, or

(b)   

in the case of a DNA profile, in which the sample from which

40

the DNA profile was derived was taken.

64ZL    

Retention with consent

(1)   

If a person consents in writing to the retention of fingerprints,

impressions of footwear or a DNA profile to which section 64 applies,

other than fingerprints taken under section 61(6A)—

45

 
 

 
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