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
51


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,

he 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.
14E   (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 16 or 17 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 6
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 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
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 16 or 17 on the date he is detained,

Crime and Security Bill
52


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
person is convicted of a recordable offence in England and Wales or
5
Northern Ireland before the material is required to be destroyed by
virtue of this paragraph.
14F   (1)
For the purposes of paragraphs 14B to 14E—
(a)
a person has no previous convictions if the person has not
previously been convicted in England and Wales or Northern
10
Ireland of a recordable offence, and
(b)
if the person has been previously so convicted of a recordable
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.
15
      (2)
In sub-paragraph (1), “qualifying offence” has—
(a)
in relation to a conviction in respect of a recordable offence
committed in England and Wales, the meaning given by
given by section 65A of the Police and Criminal Evidence Act
1984, and
20
(b)
in relation to a conviction in respect of a recordable offence
committed in Northern Ireland, the meaning given by Article
53A of the Police and Criminal Evidence (Northern Ireland)
Order 1989.
      (3)
For the purposes of paragraphs 14B to 14E, a person is to be treated
25
as having been convicted of an offence if—
(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.
30
      (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
conviction for the purpose of any provision of those paragraphs
relating to an exempt, first or subsequent conviction.
      (5)
Subject to the completion of any search by virtue of paragraph 14I(2)
35
that the responsible chief officer of police considers necessary or
desirable, material falling within any of paragraphs 14B to 14E must
be destroyed immediately if it appears to the chief officer that—
(a)
the arrest under section 41 was unlawful,
(b)
the taking of the fingerprints or DNA sample concerned was
40
unlawful,
(c)
the arrest under section 41 was based on mistaken identity, or
(d)
other circumstances relating to the arrest under section 41 or
the detention under Schedule 7 mean that it is appropriate to
destroy the material.
45
      (6)
“Responsible chief officer of police” means, in relation to fingerprints
or samples taken in England or Wales, or a DNA profile derived
from such a sample, the chief officer of police for the police area—
(a)
in which the samples or fingerprints were taken, or

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(b)
in the case of a DNA profile, in which the samples from
which the DNA profile was derived were taken.
      (7)
“Responsible chief officer of police” means, in relation to fingerprints
or samples taken in Northern Ireland, or a DNA profile derived from
such a sample, the Chief Constable of the Police Service of Northern
5
Ireland.
14G   (1)
If the responsible chief officer of police determines that it is necessary
for any material to which paragraph 14 applies to be retained for the
purposes of national security—
(a)
the material is not required to be destroyed in accordance
10
with paragraphs 14B to 14E, and
(b)
paragraph 14I(3) does not apply to the material,

for as long as the determination has effect.
      (2)
A determination under sub-paragraph (1) has effect for a maximum
of two years beginning with the date on which the material would
15
otherwise be required to be destroyed, but a determination may be
renewed.
      (3)
“Responsible chief officer of police” means, in relation to fingerprints
or samples taken in England or Wales, or a DNA profile derived
from such a sample, the chief officer of police for the police area—
20
(a)
in which the samples or fingerprints were taken, or
(b)
in the case of a DNA profile, in which the sample from which
the DNA profile was derived was taken.
      (4)
“Responsible chief officer of police” means, in relation to fingerprints
or samples taken in Northern Ireland, or a DNA profile derived from
25
such a sample, the Chief Constable of the Police Service of Northern
Ireland.
14H   (1)
If fingerprints are required to be destroyed by virtue of any of
paragraphs 14B to 14E, any copies of the fingerprints must also be
destroyed.
30
      (2)
If a DNA profile is required to be destroyed by virtue of any of those
paragraphs, 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)
Sub-paragraph (4) applies if a person makes a request to the
35
responsible chief officer of police to be notified when any of the
following material is destroyed under any of paragraphs 14A to
14E—
(a)
fingerprints or a sample taken in England or Wales, or
(b)
a DNA profile derived from such a sample.
40
      (4)
The responsible chief officer of police or a person authorised by the
chief officer or on the chief officer’s behalf must within three months
of the request issue the person with a certificate recording the
destruction.
      (5)
For the purposes of this paragraph “responsible chief officer of
45
police” means the chief officer of police for the police area—
(a)
in which the fingerprints were or sample was taken, or

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(b)
in the case of a DNA profile, in which the sample from which
the DNA profile was derived was taken.
      (6)
Sub-paragraph (7) applies if a person makes a request to the Chief
Constable of the Police Service of Northern Ireland to be notified
when any of the following material is destroyed under any of
5
paragraphs 14A to 14E—
(a)
fingerprints or a sample taken in Northern Ireland, or
(b)
a DNA profile derived from such a sample.
      (7)
The Chief Constable or a person authorised by the Chief Constable
or on the Chief Constable’s behalf must within three months of the
10
request issue the person with a certificate recording the destruction.
14I   (1)
Any material to which paragraph 14 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,
15
(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, or
(d)
for purposes related to the identification of a deceased person
20
or of the person to whom the material relates.
      (2)
Subject to sub-paragraph (1), the material may be checked against—
(a)
other fingerprints or samples taken under paragraph 10 or 12
or a DNA profile derived from such a sample,
(b)
relevant physical data or samples taken by virtue of
25
paragraph 20,
(c)
material to which section 18 of the Counter-Terrorism Act
2008 applies,
(d)
any of the fingerprints, samples and information mentioned
in section 63A(1)(a) and (b) of the Police and Criminal
30
Evidence Act 1984 (checking of fingerprints and samples),
and
(e)
any of the fingerprints, samples and information mentioned
in Article 63A(1)(a) and (b) of the Police and Criminal
Evidence (Northern Ireland) Order 1989 (checking of
35
fingerprints and samples).
      (3)
Material which is required to be destroyed by virtue of any of
paragraphs 14A to 14E, or paragraph 14H, 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,
40
or
(b)
for the purposes of the investigation of any offence.
      (4)
In this paragraph—
(a)
the reference to using material includes a reference to
allowing any check to be made against it and to disclosing it
45
to any person,
(b)
the reference to crime includes a reference to any conduct
which—

Crime and Security Bill
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(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
place in any one part of the United Kingdom, would
5
constitute one or more criminal offences, and
(c)
the reference 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 brought in respect of any crime in a country or
10
territory outside the United Kingdom.”
(3)
In paragraph 11(1)(a), for “paragraph 14(4)” there is substituted “paragraph
14I(2)”.
(4)
In paragraph 15(1)—
(a)
for “paragraphs 10 to 14” there is substituted “paragraphs 10 to 14I”;
15
(b)
after paragraph (a) there is inserted—
“(aa)
“DNA profile”,
(ab)
“DNA sample”,”.
(5)
After paragraph 15(1) there is inserted—
   “(1A)
In the application of section 65(2A) of the Police and Criminal
20
Evidence Act 1984 for the purposes of sub-paragraph (1) of this
paragraph, the reference to the destruction of a sample under section
64ZA of that Act is a reference to the destruction of a sample under
paragraph 14A of this Schedule.”
(6)
In paragraph 15(2), for “paragraphs 10 to 14” there is substituted “paragraphs
25
10 to 14I”.
(7)
After paragraph 15(2) there is inserted—
   “(2A)
In the application of Article 53(3A) of the Police and Criminal
Evidence (Northern Ireland) Order 1989 for the purposes of sub-
paragraph (2) of this paragraph, the reference to the destruction of a
30
sample under Article 64ZA of that Order is a reference to the
destruction of a sample under paragraph 14A of this Schedule.”
(8)
After paragraph 15(3) there is inserted—
    “(4)
In paragraphs 14B to 14F, “recordable offence” has—
(a)
in relation to a to a conviction in England and Wales, the
35
meaning given by section 118(1) of the Police and Criminal
Evidence Act 1984, and
(b)
in relation to a conviction in Northern Ireland, the meaning
given by Article 53A of the Police and Criminal Evidence
(Northern Ireland) Order 1989.”
40
17
Material subject to the International Criminal Court Act 2001
In the International Criminal Court Act 2001, in Schedule 4 (taking of
fingerprints or non-intimate samples), for paragraph 8 there is substituted—
“8    (1)
This paragraph applies to the following material—
(a)
fingerprints and samples taken under this Schedule, and
45

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(b)
DNA profiles derived from such samples.
      (2)
The material must be destroyed—
(a)
before the end of the period of 6 months beginning with the
date on which the material was transmitted to the ICC (see
paragraph 6(2)), or
5
(b)
if later, as soon as it has fulfilled the purpose for which it was
taken or derived.
      (3)
If fingerprints are required to be destroyed by virtue of sub-
paragraph (2), any copies of the fingerprints must also be destroyed.
      (4)
If a DNA profile is required to be destroyed by virtue of sub-
10
paragraph (2), no copy may be kept except in a form which does not
include information from which the person to whom the DNA
profile relates can be identified.
      (5)
Sub-paragraph (6) applies if a person makes a request to the
responsible chief officer of police to be notified when any of the
15
following material is destroyed under this paragraph—
(a)
fingerprints or a sample taken in England and Wales, or
(b)
a DNA profile derived from such a sample.
      (6)
The responsible chief officer of police or a person authorised by the
chief officer or on the chief officer’s behalf must within three months
20
of the request issue the person with a certificate recording the
destruction.
      (7)
For the purposes of this paragraph “responsible chief officer of
police” means the chief officer of police for the police area—
(a)
in which the fingerprints were or sample was taken, or
25
(b)
in the case of a DNA profile, in which the sample from which
the DNA profile was derived was taken.
      (8)
Sub-paragraph (9) applies if a person makes a request to the Chief
Constable of the Police Service of Northern Ireland to be notified
when any of the following material is destroyed under this
30
paragraph—
(a)
fingerprints or a sample taken in Northern Ireland, or
(b)
a DNA profile derived from such a sample.
      (9)
The Chief Constable or a person authorised by the Chief Constable
or on the Chief Constable’s behalf must within three months of the
35
request issue the person with a certificate recording the destruction.
     (10)
In this paragraph—
“DNA profile” means any information derived from a DNA
sample;
“DNA sample” means any material that has come from a
40
human body and consists of or includes human cells.”
18
Other material
(1)
Section 18 of the Counter-Terrorism Act 2008 (material not subject to existing
statutory restrictions) is amended as follows.

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(2)
For subsection (2) there is substituted—
“(2)
Subject to subsections (3A) to (3C), material to which this section
applies that is held by a law enforcement authority in England and
Wales or Northern Ireland may be retained by that authority after it has
fulfilled the purpose for which it was obtained or acquired by the
5
authority if the following condition is met.”
(3)
In subsection (3)(c) for “subsection (2)” there is substituted “subsection (3I)”.
(4)
After subsection (3) there is inserted—
“(3A)
A DNA sample to which this section applies must be destroyed—
(a)
as soon as a DNA profile has been derived from the sample, or
10
(b)
if sooner, before the end of the period of 6 months beginning
with the date on which the sample was taken.
(3B)
DNA profiles and fingerprints—
(a)
to which this section applies,
(b)
relating to a person who, at the time they were obtained or
15
acquired by the authority retaining them—
(i)
has no previous convictions or only one exempt
conviction, and
(ii)
is aged under 16, and
(c)
which are held in a form which includes information which
20
identifies the person to whom they relate,

must be destroyed before the end of the period of 3 years beginning
with the date on which they were obtained or acquired by the
authority.
(3C)
DNA profiles and fingerprints—
25
(a)
to which this section applies,
(b)
relating to a person who, at the time they were obtained or
acquired by the authority retaining them—
(i)
has no previous convictions or only one exempt
conviction, and
30
(ii)
is aged 16 or over, and
(c)
which are held in a form which includes information which
identifies the person to whom they relate,

must be destroyed before the end of the period of 6 years beginning
with the date on which they were obtained or acquired by the
35
authority.
(3D)
If, before material is required to be destroyed by virtue of subsection
(3B) or (3C), the person to whom the material relates is convicted of a
recordable offence in England and Wales or Northern Ireland, that
subsection ceases to have effect in relation to the material.
40
(3E)
If the Commissioner of Police of the Metropolis determines that it is
necessary for any material to which subsection (3B) or (3C) applies to
be retained for the purposes of national security—
(a)
the material is not required to be destroyed in accordance with
that subsection, and
45
(b)
subsection (4A) does not apply to the material,

for as long as the determination has effect.