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
44

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
Article, the person is arrested for or charged with a recordable
offence—
5
(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
10
(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—
15
(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,
20
(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
25
(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 Article ceases to have effect in relation to the material if, before the
material is required to be destroyed by virtue of this Article, the
30
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
35
recordable offence.
64ZH
Destruction of data relating to persons under 18 convicted of a
recordable offence other than a qualifying offence
(1)
This Article applies to material falling within paragraph (2) relating to
a person who—
40
(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 paragraph if it is—
45
(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.

Crime and Security Bill
45

(3)
The material must be destroyed—
(a)
in the case of fingerprints or impressions of footwear, before the
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
5
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
10
Article, 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
period of 6 years beginning with the date of the arrest or charge,
15
(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,

the material may be further retained until the end of the period
20
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
offence,
25

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
(ii)
the person is aged 16 or 17 at the time of the alleged
30
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 Article ceases to have effect in relation to the material if the person
is convicted of a further recordable offence before the material is
35
required to be destroyed by virtue of this Article.
64ZI
Articles 64ZB to 64ZH: supplementary provision
(1)
Any reference in Article 64ZB to 64ZH to a person being charged with
an offence includes a reference to a person being informed that he will
be reported for an offence.
40
(2)
For the purposes of those Articles—
(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
offence, the conviction is exempt if it is in respect of a recordable
45
offence other than a qualifying offence, committed when the
person is aged under 18.

Crime and Security Bill
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(3)
For the purposes of those Articles, a person is to be treated as having
been convicted of an offence if he has been given a caution in respect of
the offence which, at the time of the caution, he has admitted.
(4)
If a person is convicted of more than one offence arising out of a single
course of action, those convictions are to be treated as a single
5
conviction for the purpose of any provision of those Articles relating to
an exempt, first or subsequent conviction.
(5)
Subject to the completion of any speculative search that the Chief
Constable considers necessary or desirable, material falling within any
of Articles 64ZD to 64ZH must be destroyed immediately if it appears
10
to the Chief Constable that—
(a)
the arrest was unlawful,
(b)
the taking of the fingerprints, impressions of footwear or DNA
sample concerned was unlawful,
(c)
the arrest was based on mistaken identity, or
15
(d)
other circumstances relating to the arrest or the alleged offence
mean that it is appropriate to destroy the material.
64ZJ
Destruction of fingerprints taken under Article 61(6A)
Fingerprints taken from a person by virtue of Article 61(6A) (taking
fingerprints for the purposes of identification) must be destroyed as
20
soon as they have fulfilled the purpose for which they were taken.
64ZK
Retention for purposes of national security
(1)
Paragraph (2) applies if the Chief Constable determines that it is
necessary for—
(a)
a DNA profile to which Article 64 applies, or
25
(b)
fingerprints to which Article 64 applies, other than fingerprints
taken under Article 61(6A),

to be retained for the purposes of national security.
(2)
Where this paragraph applies—
(a)
the material is not required to be destroyed in accordance with
30
Articles 64ZB to 64ZH, and
(b)
Article 64ZN(2) does not apply to the material,

for as long as the determination has effect.
(3)
A determination under paragraph (1) has effect for a maximum of two
years beginning with the date on which the material would otherwise
35
be required to be destroyed, but a determination may be renewed.
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 Article 64 applies,
other than fingerprints taken under Article 61(6A)—
40
(a)
the material is not required to be destroyed in accordance with
Articles 64ZB to 64ZH, and
(b)
Article 64ZN(2) does not apply to the material.
(2)
It is immaterial for the purposes of paragraph (1) whether the consent
is given at, before or after the time when the entitlement to the
45
destruction of the material arises.

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(3)
Consent given under this Article can be withdrawn at any time.
64ZM
Destruction of copies, and notification of destruction
(1)
If fingerprints or impressions of footwear are required to be destroyed
by virtue of any of Articles 64ZB to 64ZJ, any copies of the fingerprints
or impressions of footwear must also be destroyed.
5
(2)
If a DNA profile is required to be destroyed by virtue of any of those
Articles, no copy may be kept except in a form which does not include
information which identifies the person to whom the DNA profile
relates.
(3)
If a person makes a request to the Chief Constable to be notified when
10
anything relating to the person is destroyed under any of Articles 64ZA
to 64ZJ, the Chief Constable or a person authorised by the Chief
Constable or on the Chief Constable’s behalf must within three months
of the request issue the person with a certificate recording the
destruction.
15
64ZN
Use of retained material
(1)
Any material to which Article 64 applies which is retained after it has
fulfilled the purpose for which it was taken or derived must not be used
other than—
(a)
in the interests of national security,
20
(b)
for the purposes of a terrorist investigation,
(c)
for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution,
(d)
for purposes related to the identification of a deceased person or
of the person to whom the material relates.
25
(2)
Material which is required to be destroyed by virtue of any of Articles
64ZA to 64ZJ, or of Article 64ZM, must not at any time after it is
required to be destroyed be used—
(a)
in evidence against the person to whom the material relates, or
(b)
for the purposes of the investigation of any offence.
30
(3)
In this Article—
(a)
the reference to using material includes a reference to allowing
any check to be made against it and to disclosing it to any
person,
(b)
the reference to crime includes a reference to any conduct
35
which—
(i)
constitutes one or more criminal offences (whether
under the law of a part of the United Kingdom or of a
country or territory outside the United Kingdom), or
(ii)
is, or corresponds to, any conduct which, if it all took
40
place in any one part of the United Kingdom, would
constitute one or more criminal offences, and
(c)
the references to an investigation and to a prosecution include
references, respectively, to any investigation outside the United
Kingdom of any crime or suspected crime and to a prosecution
45
brought in respect of any crime in a country or territory outside
the United Kingdom.”

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(3)
In Article 53 of that Order, in paragraph (1)—
(a)
after the definition of “control order” there is inserted—
““DNA profile” means any information derived from a
DNA sample;
“DNA sample” means any material that has come from a
5
human body and consists of or includes human cells;”
(b)
after the definition of “sufficient” and “insufficient” there is inserted—
““terrorist investigation” has the meaning given by section
32 of the Terrorism Act 2000.”
(4)
In that Article, after paragraph (3) there is inserted—
10
“(3A)
In paragraph (3), the reference to the destruction of a sample does not
include a reference to the destruction of a sample under Article 64ZA
(requirement to destroy samples).”
16
Material subject to the Terrorism Act 2000
(1)
Schedule 8 to the Terrorism Act 2000 (treatment of persons detained under
15
section 41 or Schedule 7 of that Act) is amended as follows.
(2)
For paragraph 14 there is substituted—
“14   (1)
This paragraph applies to—
(a)
fingerprints or samples taken under paragraph 10 or 12, and
(b)
a DNA profile derived from a DNA sample so taken.
20
      (2)
Material to which this paragraph applies may be retained after it has
fulfilled the purpose for which it was taken or derived.
      (3)
This paragraph is subject to paragraphs 14A to 14E.
14A   (1)
A DNA sample to which paragraph 14 applies must be destroyed—
(a)
as soon as a DNA profile has been derived from the sample,
25
or
(b)
if sooner, before the end of the period of 6 months beginning
with the date on which the sample was taken.
      (2)
Any other sample to which paragraph 14 applies must be destroyed
before the end of the period of 6 months beginning with the date on
30
which it was taken.
14B   (1)
This paragraph applies to material falling within sub-paragraph (2)
relating to a person who—
(a)
has no previous convictions or only one exempt conviction,
(b)
is detained under Schedule 7 or section 41, and
35
(c)
is aged 18 or over on the date he is detained.
      (2)
Material falls within this sub-paragraph if it is—
(a)
fingerprints taken from the person under paragraph 10, or
(b)
a DNA profile derived from a DNA sample taken from the
person under paragraph 10 or 12.
40
      (3)
The material must be destroyed—

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(a)
in the case of fingerprints, before the end of the period of 6
years beginning with the date on which the fingerprints were
taken,
(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
5
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
paragraph, the person is detained under Schedule 7 or section 41, the
10
material may be further retained until the end of the period of 6 years
beginning with the date the person is detained.
      (5)
This paragraph ceases to have effect in relation to the material if the
person is convicted of a recordable offence in England and Wales or
Northern Ireland before the material is required to be destroyed by
15
virtue of this paragraph.
14C   (1)
This paragraph applies to material falling within sub-paragraph (2)
relating to a person who—
(a)
has no previous convictions or only one exempt conviction,
(b)
is detained under Schedule 7, and
20
(c)
is aged under 18 on the date he is detained.
      (2)
Material falls within this sub-paragraph if it is—
(a)
fingerprints taken from the person under paragraph 10, or
(b)
a DNA profile derived from a DNA sample taken from the
person under paragraph 10 or 12.
25
      (3)
The material must be destroyed—
(a)
in the case of fingerprints, before the end of the period of 3
years beginning with the date on which the fingerprints were
taken,
(b)
in the case of a DNA profile, before the end of the period of 3
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
paragraph, the person is detained under Schedule 7 or section 41—
(a)
where the person is aged 18 or over on the date he is detained,
the material may be further retained until the end of the
period of 6 years beginning with the date he is detained,
(b)
where—
40
(i)
the person is detained under Schedule 7, and
(ii)
the person is aged under 18 on the date he is detained,

the material may be further retained until the end of the
period of 3 years beginning with the date he is detained,
(c)
where—
45
(i)
the person is detained under section 41, and
(ii)
the person is aged under 16 on the date he is detained,

Crime and Security Bill
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the material may be further retained until the end of the
period of 3 years beginning with the date the person is
detained,
(d)
where—
(i)
the person is detained under section 41, and
5
(ii)
the person is aged 16 or 17 on the date he is detained,

the material may be further retained until the end of the
period of 6 years beginning with the date the person is
detained.
      (5)
This paragraph ceases to have effect in relation to the material if the
10
person is convicted of a recordable offence in England and Wales or
Northern Ireland before the material is required to be destroyed by
virtue of this paragraph.
14D   (1)
This paragraph applies to material falling within sub-paragraph (2)
relating to a person who—
15
(a)
has no previous convictions or only one exempt conviction,
(b)
is detained under section 41, and
(c)
is aged under 16 on the date he is detained.
      (2)
Material falls within this sub-paragraph if it is—
(a)
fingerprints taken from the person under paragraph 10, or
20
(b)
a DNA profile derived from a DNA sample taken from the
person under paragraph 10 or 12.
      (3)
The material must be destroyed—
(a)
in the case of fingerprints, before the end of the period of 3
years beginning with the date on which the fingerprints were
25
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 derived from more than one DNA sample, the
30
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
paragraph, the person is detained under Schedule 7 or section 41—
(a)
where the person is aged 18 or over on the date he is detained,
the material may be further retained until the end of the
35
period of 6 years beginning with the date the person is
detained,
(b)
where—
(i)
the person is detained under Schedule 7, and
(ii)
the person is aged under 18 on the date he is detained,
40

the material may be further retained until the end of the
period of 3 years beginning with the date the person is
detained,
(c)
where—
(i)
the person is detained under section 41, and
45
(ii)
the person is aged under 16 on the date he is detained,