Crime and Security Bill

House of Commons

Session 2009 - 10
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Crime and Security Bill

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(3F)
A determination under subsection (3E) 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.
(3G)
If fingerprints are required to be destroyed by virtue of subsection (3B)
or (3C), any copies of the fingerprints must also be destroyed.
5
(3H)
If a DNA profile is required to be destroyed by virtue of subsection (3B)
or (3C), no copy may be kept except in a form which does not include
information which identifies the person to whom the DNA profile
relates.
(3I)
Any material to which this section applies which is retained after it has
10
fulfilled the purpose for which it was obtained or acquired must not be
used other than—
(a)
in the interests of national security,
(b)
for the purposes of a terrorist investigation,
(c)
for purposes related to the prevention or detection of crime, the
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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.”
(5)
For subsection (4) there is substituted—
“(4)
Subject to subsection (3I), checks may be made against material to
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which this section applies and it may be disclosed to any person.
(4A)
Material which is required to be destroyed by virtue of this section
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.
25
(4B)
In this section—
(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
30
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
35
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
40
brought in respect of any crime in a country or territory outside
the United Kingdom.”
(6)
In subsection (5), at the end there is inserted—
““terrorist investigation” has the meaning given by section 32 of
the Terrorism Act 2000.”
45
(7)
In subsection (6)—
(a)
in paragraph (a), after “64” there is inserted “to 64ZN”;

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(b)
in paragraph (b), after “64” there is inserted “to 64ZN”;
(c)
in paragraph (c), for “paragraph 14” there is substituted “paragraphs 14
to 14I”.
(8)
After section 18 of that Act there is inserted—
“18A
Section 18: supplementary provisions
5
(1)
In section 18 and this section, “recordable offence” has—
(a)
in relation to a conviction in England and Wales, the 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
10
given by Article 2(2) of the Police and Criminal Evidence
(Northern Ireland) Order 1989.
(2)
For the purposes of subsections (3B) and (3C) of section 18—
(a)
a person has no previous convictions if the person has not
previously been convicted in England and Wales or Northern
15
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.
20
(3)
In subsection (2), “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
25
(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.
(4)
For the purposes of subsections (3B) and (3C) of section 18, a person is
30
to be treated as having been convicted of an offence if the person—
(a)
has been given a caution in respect of the offence which, at the
time of the caution, he has admitted, or
(b)
has been warned or reprimanded under section 65 of the Crime
and Disorder Act 1998 for the offence.
35
(5)
For the purposes of those subsections, 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.”
19
Destruction of material taken before commencement
(1)
The Secretary of State must by order make provision for the destruction of—
40
(a)
fingerprints, samples and impressions of footwear taken prior to the
commencement of each of sections 14 to 18 which would have been
destroyed if that section had been in force at the time they were taken,
and
(b)
any DNA profile which would been destroyed if that section had been
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in force at the time the profile was derived.

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(2)
If an order under section 113(1) of the Police and Criminal Evidence Act 1984
(application of that Act to Armed Forces) makes provision equivalent to
sections 64 to 64ZN of that Act as substituted by section 14 above, the Secretary
of State must by order make provision for the destruction of—
(a)
fingerprints, samples and impressions of footwear taken prior to the
5
commencement of that order which would have been destroyed if that
order had been in force at the time they were taken, and
(b)
any DNA profile which would been destroyed if that order had been in
force at the time the profile was derived.
(3)
In this section—
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“DNA profile” means any information derived from a DNA sample;
“DNA sample” means any material that has come from a human body
and consists of or includes human cells;
“fingerprints” means a record (in any form and produced by any method)
of the skin pattern and other physical characteristics or features of a
15
person’s fingers or either of a person’s palms.
(4)
An order under this section must be made by statutory instrument.
(5)
A statutory instrument containing an order under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.
20
National DNA Database Strategy Board
20
(1)
The Secretary of State must make arrangements for a National DNA Database
Strategy Board to oversee the operation of the National DNA database.
(2)
The Secretary of State must publish—
(a)
the governance rules of the National DNA Database Strategy Board,
and
25
(b)
the reporting requirements of the Board.
Domestic violence
21
Power to issue a domestic violence protection notice
(1)
A member of a police force not below the rank of superintendent (“the
authorising officer”) may issue a domestic violence protection notice (“a
30
DVPN”) under this section.
(2)
A DVPN may be issued to a person (“P”) aged 18 years or over if the
authorising officer has reasonable grounds for believing that—
(a)
P has been violent towards, or has threatened violence towards, an
associated person, and
35
(b)
the issue of the DVPN is necessary to protect that person from violence
or a threat of violence by P.
(3)
Before issuing a DVPN, the authorising officer must, in particular, consider—
(a)
the opinion of the person for whose protection the DVPN would be
issued as to the issuing of the DVPN,
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(b)
any representations made by P as to the issuing of the DVPN, and

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(c)
in the case of provision included by virtue of subsection (8), the opinion
of any other associated person who lives in the premises to which the
provision would relate.
(4)
The authorising officer must take reasonable steps to discover the opinions
mentioned in subsection (3).
5
(5)
But the authorising officer may issue a DVPN in circumstances where the
person for whose protection it is issued does not consent to the issuing of the
DVPN.
(6)
A DVPN must contain provision to prohibit P from molesting the person for
whose protection it is issued.
10
(7)
Provision required to be included by virtue of subsection (6) may be expressed
so as to refer to molestation in general, to particular acts of molestation, or to
both.
(8)
If P lives in premises which are also lived in by a person for whose protection
the DVPN is issued, the DVPN may also contain provision—
15
(a)
to prohibit P from evicting or excluding from the premises the person
for whose protection the DVPN is issued,
(b)
to prohibit P from entering the premises,
(c)
to require P to leave the premises, or
(d)
to prohibit P from coming within such distance of the premises as may
20
be specified in the DVPN.
(9)
An “associated person” means a person who is associated with P within the
meaning of section 62 of the Family Law Act 1996.
(10)
Subsection (11) applies where a DVPN includes provision in relation to
premises by virtue of subsection (8)(b) or (8)(c) and the authorising officer
25
believes that—
(a)
P is a person subject to service law in accordance with sections 367 to
369 of the Armed Forces Act 2006, and
(b)
the premises fall within paragraph (a) of the definition of “service living
accommodation” in section 96(1) of that Act.
30
(11)
The authorising officer must make reasonable efforts to inform P’s
commanding officer (within the meaning of section 360 of the Armed Forces
Act 2006) of the issuing of the notice.
22
Contents and service of a domestic violence protection notice
(1)
A DVPN must state—
35
(a)
the grounds on which it has been issued,
(b)
that a constable may arrest P without warrant if the constable has
reasonable grounds for believing that P is in breach of the DVPN,
(c)
that an application for a domestic violence protection order under
section 24 will be heard within 48 hours of the time of service of the
40
DVPN and a notice of the hearing will be given to P,
(d)
that the DVPN continues in effect until that application has been
determined, and
(e)
the provision that a magistrates’ court may include in a domestic
violence protection order.
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(2)
A DVPN must be in writing and must be served on P personally by a constable.
(3)
On serving P with a DVPN, the constable must ask P for an address for the
purposes of being given the notice of the hearing of the application for the
domestic violence protection order.
23
Breach of a domestic violence protection notice
5
(1)
A person arrested by virtue of section 22(1)(b) for a breach of a DVPN must be
held in custody and brought before the magistrates’ court which will hear the
application for the DVPO under section 24—
(a)
before the end of the period of 24 hours beginning with the time of the
arrest, or
10
(b)
if earlier, at the hearing of that application.
(2)
If the person is brought before the court by virtue of subsection (1)(a), the court
may remand the person.
(3)
If the court adjourns the hearing of the application by virtue of section 24(8),
the court may remand the person.
15
(4)
In calculating when the period of 24 hours mentioned in subsection (1)(a) ends,
Christmas Day, Good Friday, any Sunday and any day which is a bank holiday
in England and Wales under the Banking and Financial Dealings Act 1971 are
to be disregarded.
24
Application for a domestic violence protection order
20
(1)
If a DVPN has been issued, a constable must apply for a domestic violence
protection order (“a DVPO”).
(2)
The application must be made by complaint to a magistrates’ court.
(3)
The application must be heard by the magistrates’ court not later than 48 hours
after the DVPN was served pursuant to section 22(2).
25
(4)
In calculating when the period of 48 hours mentioned in subsection (3) ends,
Christmas Day, Good Friday, any Sunday and any day which is a bank holiday
in England and Wales under the Banking and Financial Dealings Act 1971 are
to be disregarded.
(5)
A notice of the hearing of the application must be given to P.
30
(6)
The notice is deemed given if it has been left at the address given by P under
section 22(3).
(7)
But if the notice has not been given because no address was given by P under
section 22(3), the court may hear the application for the DVPO if the court is
satisfied that the constable applying for the DVPO has made reasonable efforts
35
to give P the notice.
(8)
The magistrates’ court may adjourn the hearing of the application.
(9)
If the court adjourns the hearing, the DVPN continues in effect until the
application has been determined.
(10)
On the hearing of an application for a DVPO, section 97 of the Magistrates’
40
Courts Act 1980 (summons to witness and warrant for his arrest) does not

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apply in relation to a person for whose protection the DVPO would be made,
except where the person has given oral or written evidence at the hearing.
25
Conditions for and contents of a domestic violence protection order
(1)
The court may make a DVPO if two conditions are met.
(2)
The first condition is that the court is satisfied on the balance of probabilities
5
that P has been violent towards, or has threatened violence towards, an
associated person.
(3)
The second condition is that the court thinks that making the DVPO is
necessary to protect that person from violence or a threat of violence by P.
(4)
Before making a DVPO, the court must, in particular, consider any opinion of
10
which the court is made aware—
(a)
of the person for whose protection the DVPO would be made, and
(b)
in the case of provision included by virtue of subsection (8), of any
other associated person who lives in the premises to which the
provision would relate.
15
(5)
But the court may make a DVPO in circumstances where the person for whose
protection it is made does not consent to the making of the DVPO.
(6)
A DVPO must contain provision to prohibit P from molesting the person for
whose protection it is made.
(7)
Provision required to be included by virtue of subsection (6) may be expressed
20
so as to refer to molestation in general, to particular acts of molestation, or to
both.
(8)
If P lives in premises which are also lived in by a person for whose protection
the DVPO is made, the DVPO may also contain provision—
(a)
to prohibit P from evicting or excluding from the premises the person
25
for whose protection the DVPO is made,
(b)
to prohibit P from entering the premises,
(c)
to require P to leave the premises, or
(d)
to prohibit P from coming within such distance of the premises as may
be specified in the DVPO.
30
(9)
A DVPO must state that a constable may arrest P without warrant if the
constable has reasonable grounds for believing that P is in breach of the DVPO.
(10)
A DVPO may be in force for—
(a)
no fewer than 14 days beginning with the day on which it is made, and
(b)
no more than 28 days beginning with that day.
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(11)
A DVPO must state the period for which it is to be in force.
26
Breach of a domestic violence protection order
(1)
A person arrested by virtue of section 25(9) for a breach of a DVPO must be
held in custody and brought before a magistrates’ court within the period of 24
hours beginning with the time of the arrest.
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(2)
If the matter is not disposed of when the person is brought before the court, the
court may remand the person.

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(3)
In calculating when the period of 24 hours mentioned in subsection (1) ends,
Christmas Day, Good Friday, any Sunday and any day which is a bank holiday
in England and Wales under the Banking and Financial Dealings Act 1971 are
to be disregarded.
27
Further provision about remand
5
(1)
This section applies for the purposes of the remand of a person by a
magistrates’ court under section 23(2) or (3) or 26(2).
(2)
In the application of section 128(6) of the Magistrates’ Courts Act 1980 for those
purposes, the reference to the “other party” is to be read—
(a)
in the case of a remand prior to the hearing of an application for a
10
DVPO, as a reference to the authorising officer,
(b)
in any other case, as a reference to the constable who applied for the
DVPO.
(3)
If the court has reason to suspect that a medical report will be required, the
power to remand a person may be exercised for the purpose of enabling a
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medical examination to take place and a report to be made.
(4)
If the person is remanded in custody for that purpose, the adjournment may
not be for more than 3 weeks at a time.
(5)
If the person is remanded on bail for that purpose, the adjournment may not
be for more than 4 weeks at a time.
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(6)
If the court has reason to suspect that the person is suffering from a mental
disorder within the meaning of the Mental Health Act 1983, the court has the
same power to make an order under section 35 of that Act (remand to hospital
for medical report) as it has under that section in the case of an accused person
(within the meaning of that section).
25
(7)
The court may, when remanding the person on bail, require the person to
comply, before release on bail or later, with such requirements as appear to the
court to be necessary to secure that the person does not interfere with witnesses
or otherwise obstruct the course of justice.
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Guidance
30
(1)
The Secretary of State may from time to time issue guidance relating to the
exercise by a constable of functions under sections 21 to 27.
(2)
A constable must have regard to any guidance issued under subsection (1)
when exercising a function to which the guidance relates.
(3)
Before issuing guidance under this section, the Secretary of State must
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consult—
(a)
the Association of Chief Police Officers,
(b)
the National Policing Improvement Agency, and
(c)
such other persons as the Secretary of State thinks fit.
29
Ministry of Defence Police
40
(1)
A member of the Ministry of Defence Police not below the rank of
superintendent may issue a DVPN under section 21 for the protection of an