Crime and Security Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Crime and Security Bill

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Powers to take material in relation to offences outside England and Wales
Fingerprinting
(1)
In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting),
after subsection (6C) there is inserted—
“(6D)
Subject to this section, the fingerprints of a person who is a United
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Kingdom national or resident may be taken without the appropriate
consent if—
(a)
under the law in force in a country or territory outside England
and Wales the person has been convicted of an offence under
that law (whether before or after the coming into force of this
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subsection and whether or not he has been punished for it);
(b)
the act constituting the offence would constitute a qualifying
offence if done in England and Wales (whether or not it
constituted such an offence when the person was convicted);
and
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(c)
either of the conditions mentioned in subsection (6E) below is
met.
(6E)
The conditions referred to in subsection (6D)(c) above are—
(a)
the person has not had his fingerprints taken on a previous
occasion under subsection (6D) above;
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(b)
he has had his fingerprints taken on a previous occasion under
that subsection but subsection (3A)(a) or (b) above applies.
(6F)
Fingerprints may only be taken as specified in subsection (6D) above
with the authorisation of an officer of at least the rank of inspector.
(6G)
An officer may only give an authorisation under subsection (6F) above
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if the officer is satisfied that taking the fingerprints is necessary to assist
in the prevention or detection of crime.”
Intimate samples
(2)
In section 62 of that Act (intimate samples), after subsection (2) there is
inserted—
30
“(2A)
An intimate sample may be taken from a person where—
(a)
two or more non-intimate samples suitable for the same means
of analysis have been taken from the person under section
63(3E) below (persons convicted of offences outside England
and Wales etc) but have proved insufficient;
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(b)
a police officer of at least the rank of inspector authorises it to be
taken; and
(c)
the appropriate consent is given.
(2B)
An officer may only give an authorisation under subsection (2A) above
if the officer is satisfied that taking the sample is necessary to assist in
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the prevention or detection of crime.”
(3)
In that section, in subsection (3), after “or (1A)” there is inserted “or (2A)”.
Non-intimate samples

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(4)
In section 63 (non-intimate samples), after subsection (3D) there is inserted—
“(3E)
Subject to this section, 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 England
5
and Wales the person has been convicted of an offence under
that law (whether before or after the coming into force of this
subsection and whether or not he has been punished for it);
(b)
the act constituting the offence would constitute a qualifying
offence if done in England and Wales (whether or not it
10
constituted such an offence when the person was convicted);
and
(c)
either of the conditions mentioned in subsection (3F) below is
met.
(3F)
The conditions referred to in subsection (3E)(c) above are—
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(a)
the person has not had a non-intimate sample taken from him
on a previous occasion under subsection (3E) above;
(b)
he has had such a sample taken from him on a previous
occasion under that subsection but—
(i)
the sample was not suitable for the same means of
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analysis, or
(ii)
it proved insufficient.
(3G)
A non-intimate sample may only be taken as specified in subsection
(3E) above with the authorisation of an officer of at least the rank of
inspector.
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(3H)
An officer may only give an authorisation under subsection (3G) above
if the officer is satisfied that taking the sample is necessary to assist in
the prevention or detection of crime.”
Interpretation
(5)
In section 65 (interpretation), in subsection (1)—
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(a)
after the definition of “non-intimate sample” there is inserted—
““offence”, in relation to any country or territory outside
England and Wales, includes an act punishable under
the law of that country or territory, however it is
described;”;
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(b)
at the end there is inserted—
““United Kingdom national” means—
(a)
a British citizen, a British overseas territories
citizen, a British National (Overseas) or a British
Overseas citizen;
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(b)
a person who under the British Nationality Act
1984 is a British subject; or
(c)
a British protected person within the meaning of
that Act;
“United Kingdom resident” means an individual who is
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resident in the United Kingdom.”

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(6)
In that section, at the end there is inserted—
“(3)
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 England
and Wales if—
(a)
a court exercising jurisdiction under the law of that country or
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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
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did the act charged against him in respect of the offence.”
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Information to be given on taking of material
Fingerprinting
(1)
In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting), for
subsection (7) there is substituted—
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“(7)
Where a person’s fingerprints are taken without the appropriate
consent by virtue of any power conferred by this section—
(a)
before the fingerprints are taken, the person shall be informed
of—
(i)
the reason for taking the fingerprints;
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(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 section, in subsection (7A)—
(a)
for “subsection (6A)”, in the first place, there is substituted “subsection
(4A), (6A)”;
(b)
in paragraph (a), for the words from “(or” to “constable)” there is
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substituted “(or, where by virtue of subsection (4A), (6A) or (6BA) the
fingerprints are taken at a place other than a police station, the
constable taking the fingerprints)”.
(3)
In that section, in subsection (8) (requirement to record reason for taking
fingerprints on custody record), for “the reason for taking them” there is
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substituted “the matters referred to in subsection (7)(a)(i) to (iii) above”.
Intimate samples
(4)
In section 62 of that Act (intimate samples), for subsections (5) to (7A) there is
substituted—
“(5)
Before an intimate sample is taken from a person, an officer shall
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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 section under which it has been given; and
(c)
if the sample was taken at a police station, the fact that the
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sample may be the subject of a speculative search.

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(6)
The reason referred to in subsection (5)(a) above must include, except
in a case where the sample is taken under subsection (2A) above, a
statement of the nature of the offence in which it is suspected that the
the person has been involved.
(7)
After an intimate sample has been taken from a person, the following
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shall be recorded as soon as practicable—
(a)
the matters referred to in subsection (5)(a) and (b) above;
(b)
if the sample was taken at a police station, the fact that the
person has been informed as specified in subsection (5)(c)
above; and
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(c)
the fact that the appropriate consent was given.”
(5)
In that section, in subsection (8), the words “or (7A)” are repealed.
(6)
In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by
detention officers), in paragraph 30 (warnings about intimate samples), for
“section 62(7A)(a)” there is substituted “section 62(5)(c)”.
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Non-intimate samples
(7)
In section 63 of the Police and Criminal Evidence Act 1984 (non-intimate
samples), for subsections (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 section—
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(a)
before the sample is taken, an officer shall inform him of—
(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
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authorisation has been given; and
(b)
those matters shall be recorded as soon as practicable after the
sample is taken.
(7)
The reason referred to in subsection (6)(a)(i) above must include, except
in a case where the non-intimate sample is taken under subsection (3B)
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or (3E) above, a statement of the nature of the offence in which it is
suspected that the person has been involved.”
(8)
In that section, in subsection (9) (requirement to record matters on custody
record), for “subsection (8) or (8A) or (8B)” there is substituted “subsection (6)
or (8B)”.
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Speculative searches
(1)
In section 63A of the Police and Criminal Evidence Act 1984 (supplementary),
after subsection (1D) there is inserted—
“(1E)
Where fingerprints or samples have been taken from any person under
section 61(6) or 63(3B) above (persons convicted etc), the fingerprints or
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samples, or information derived from the samples, may be checked
against any of the fingerprints, samples or information mentioned in
subsection (1)(a) or (b) above.
(1F)
Where fingerprints or samples have been taken from any person under
section 61(6D), 62(2A) or 63(3E) above (offences outside England and
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Wales etc), the fingerprints or samples, or information derived from the
samples, may be checked against any of the fingerprints, samples or
information mentioned in subsection (1)(a) or (b) above”.
(2)
In Schedule 4 to the International Criminal Court Act 2001 (taking of
fingerprints or non-intimate samples), in paragraph 7(3)(a), after “section
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63A(1)” there is inserted “, (1E) or (1F)”.
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Power to require attendance at police station
(1)
In section 63A of the Police and Criminal Evidence Act 1984 (fingerprinting
and samples: supplementary provisions), for subsections (4) to (8) there is
substituted—
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“(4)
Schedule 2A (fingerprinting and samples: power to require attendance
at police station) shall have effect.”
(2)
In that Act, after Schedule 2 there is inserted—
“Schedule 2A
Section 63A(4)

Fingerprinting and samples: power to require attendance at police
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station
Part 1
Fingerprinting
Persons arrested and released
1     (1)
A constable may require a person to attend a police station for the
20
purpose of taking his fingerprints under section 61(5A).
      (2)
The power under sub-paragraph (1) above may not be exercised in a
case falling within section 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
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informed that section 61(3A)(a) or (b) applied.
      (3)
In sub-paragraph (2) above “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
30
purpose of taking his fingerprints under section 61(5B).
      (2)
The power under sub-paragraph (1) above may not be exercised after
the end of the period of six months beginning with—
(a)
in a case falling within section 61(5B)(a) (fingerprints not
taken previously), the day on which the person was charged
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or informed that he would be reported, or
(b)
in a case falling within section 61(5B)(b) (fingerprints taken
on previous occasion insufficient etc), the day on which the
appropriate officer was informed that section 61(3A)(a) or (b)
applied.
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      (3)
In sub-paragraph (2)(b) 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
3     (1)
A constable may require a person to attend a police station for the
5
purpose of taking his fingerprints under section 61(6).
      (2)
Where the condition in section 61(6ZA)(a) is satisfied (fingerprints
not taken previously), the power under sub-paragraph (1) above
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, cautioned or
warned or reprimanded, or
(b)
if later, the day on which this Schedule comes into force.
      (3)
Where the condition in section 61(6ZA)(b) is satisfied (fingerprints
taken on previous occasion insufficient etc), the power under sub-
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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 that
section 61(3A)(a) or (b) applied, or
(b)
if later, the day on which this Schedule comes into force.
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      (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 the offence is
a qualifying offence (whether or not it was such an offence at the time
of the conviction, caution or warning or reprimand).
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Persons subject to a control order
4
A constable may require a person to attend a police station for the
purpose of taking his fingerprints under section 61(6BA).
Persons convicted etc of an offence outside England and Wales
5
A constable may require a person to attend a police station for the
30
purposes of taking his fingerprints under section 61(6D).
Multiple attendance
6     (1)
Where a person’s fingerprints have been taken under section 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
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fingerprints taken under that section 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) above—
(a)
the fact of the authorisation, and
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(b)
the reasons for giving it,

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

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Part 2
Intimate samples
Persons suspected to be involved in an offence
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A constable may require a person to attend a police station for the
purpose of taking an intimate sample from him under section 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 England and Wales
8
A constable may require a person to attend a police station for the
10
purpose of taking a sample from him under section 62(2A) if two or
more non-intimate samples suitable for the same means of analysis
have been taken from him under section 63(3E) but have proved
insufficient.
Part 3
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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 section
63(3ZA).
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      (2)
The power under sub-paragraph (1) above may not be exercised in a
case falling within section 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 section 63(3ZA)(b)(i) or (ii).
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      (3)
In sub-paragraph (2) above, “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 section
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63(3A).
      (2)
The power under sub-paragraph (1) above may not be exercised in a
case falling within section 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) above may not be exercised in a
case falling within section 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 section 63(3A)(b)(i) or (ii).
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