133

House of Commons

Thursday 4 February 2010

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Crime and Security Bill

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Note

The Amendments have been arranged in accordance with the Order of the

Committee [26 January 2010].

James Brokenshire

Andrew Rosindell

148

Clause  14,  page  30,  line  7,  after ‘fingerprints’, insert ‘or impressions of footwear’.

Mr David Hanson

128

Clause  14,  page  30,  line  14,  leave out ‘of a recordable offence’ and insert—

‘(a)	in England and Wales or Northern Ireland of a recordable offence, or

(b)	in Scotland of an offence which is punishable by imprisonment,’.

Member’s explanatory statement

This amendment amends new section 64ZC of PACE to provide that the destruction regime in that

section (persons subject to control orders) ceases to have effect if the person is convicted of a

recordable offence in Northern Ireland or an offence in Scotland which is punishable by

imprisonment.

Mr David Hanson

129

Clause  14,  page  30,  line  15,  at end insert—

‘( )	For the purposes of subsection (1)—

(a)	a person has no previous convictions if the person has not previously

been convicted—

(i)	in England and Wales or Northern Ireland of a recordable

offence, or

Public Bill Committee: 4 February 2010

134

Crime and Security Bill, continued

(ii)	in Scotland of an offence which is punishable by imprisonment,

and

(b)	if the person has been previously convicted of a recordable offence in

England and Wales or Northern Ireland, 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.

( )	For the purposes of that subsection—

(a)	a person is to be treated as having been convicted of an offence if—

(i)	he has been given a caution in England and Wales or Northern

Ireland in respect of the offence which, at the time of the caution,

he has admitted, or

(ii)	he has been warned or reprimanded under section 65 of the

Crime and Disorder Act 1998 for the offence, and

(b)	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.’.

( )	In this section—

(a)	“recordable offence” has, in relation to a conviction in Northern Ireland,

the meaning given by Article 2(2) of the Police and Criminal Evidence

(Northern Ireland) Order 1989, and

(b)	“qualifying offence” has, in relation to a conviction in respect of a

recordable offence committed in Northern Ireland, the meaning given by

Article 53A of that Order.’.

Member’s explanatory statement

This amendment amends new section 64ZC of PACE so that where a person already has a

conviction in Northern Ireland for a recordable offence, or in Scotland for an offence which is

punishable by imprisonment, the destruction regime in that section (persons subject to a control

order) does not apply.

Mr Douglas Hogg

James Brokenshire

Andrew Rosindell

99

Clause  14,  page  30,  line  19,  leave out ‘or only one exempt conviction’.

Mr Douglas Hogg

68

Clause  14,  page  30,  line  20,  after ‘offence’, insert ‘and is not tried for or is

acquitted of that or a related offence’.

James Brokenshire

Andrew Rosindell

26

Clause  14,  page  30,  leave out lines 26 to 34 and insert—

‘(3)	Subject to subsection (3AA) to (3AI), the material must be destroyed as soon as

it has fulfilled the purpose for which it was taken or supplied.

(3AA)

Where any fingerprint, impression of footwear or DNA profile has been taken

from a person under this Part who is arrested for or charged with a sexual offence

or violent offence, the fingerprint, impression of footwear or DNA profile shall

be destroyed no later than—

(a)	in the case of fingerprints or impressions of footwear, before the end of

the period of three years beginning with the date on which the

fingerprints or impression were taken, such date being the “initial

retention date”; or

Public Bill Committee: 4 February 2010

135

Crime and Security Bill, continued

(b)	in the case of a DNA profile, before the end of the period of three years

beginning with the date on which the DNA sample from which the DNA

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), such date being the “initial DNA retention date”; or

(c)	such later date as may be ordered under subsection (3AB).

(3AB)

On application made by the responsible chief officer of police within the period

of three months before the initial retention date or the initial DNA retention date

as the case may be, the Crown Court, if satisfied that there are reasonable grounds

for doing so, may make an order amending, or further amending, the date of

destruction of the relevant fingerprint, impression of footwear or DNA profile.

(3AC)

An order under subsection (3AB) shall not specify a date more than two years

later than—

(a)	the initial retention date in relation to fingerprints or impressions of

footwear, or

(b)	the initial DNA retention date in the case of a DNA profile.

(3AD)

Any decision of the Crown Court may be appealed to the Court of Appeal within

21 days of such decision.

(3AE)

Subsection (3AA) does not apply where—

(a)	an application under subsection (3AB) above has been made but has not

been determined;

(b)	the period within which an appeal may be brought under subsection

(3AD) above against a decision to refuse an application has not elapsed;

or

(c)	such an appeal has been brought but has not been withdrawn or finally

determined.

(3AF)

Where—

(a)	the period within which an appeal referred to in subsection (3AD) has

elapsed without such an appeal being brought; or

(b)	such an appeal is brought and is withdrawn or finally determined without

any extension of the time period referred to in subsection (3AC);

the fingerprint, impression of footwear or DNA profile shall be destroyed as soon

as possible thereafter.

(3AG)

For the purposes of this section a “sexual offence” or “violent offence” shall mean

such offences of a violent or sexual nature as shall be set out in any order made

by the Secretary of State with reference to this section.

(3AH)

An order under this section must be made by statutory instrument.

(3AI)

A statutory instrument containing an order under subsection (3AH) above shall

not be made unless a draft of the instrument has been laid before and approved by

resolution of each House of Parliament.’.

Mr Douglas Hogg

69

Clause  14,  page  30,  line  27,  after ‘footwear’, insert ‘and if acquitted after a trial

before the end of the period of one year beginning from the date of that acquittal and

otherwise’.

Mr Douglas Hogg

70

Clause  14,  page  30,  line  28,  leave out ‘6’ and insert ‘3’.

Public Bill Committee: 4 February 2010

136

Crime and Security Bill, continued

Mr Douglas Hogg

71

Clause  14,  page  30,  line  30,  after ‘profile’, insert ‘and if acquitted after a trial

before the end of the period of one year beginning from the date of that acquittal and

otherwise’.

Mr Douglas Hogg

72

Clause  14,  page  30,  line  30,  leave out ‘6’ and insert ‘3’.

James Brokenshire

Andrew Rosindell

27

Clause  14,  page  30,  leave out lines 35 to 38.

James Brokenshire

Andrew Rosindell

150

Clause  14,  page  30,  line  42,  leave out from beginning to end of line 27 on page 35.

Mr Douglas Hogg

80

Clause  14,  page  31,  line  1,  leave out ‘or only one exempt conviction’.

Mr Douglas Hogg

81

Clause  14,  page  31,  line  3,  after ‘offence’, insert ‘and is not tried for or is acquitted

of that or of a related offence’.

Mr Douglas Hogg

82

Clause  14,  page  31,  line  10,  after ‘footwear’, insert ‘and if acquitted after a trial

before the end of one year beginning from the date of that trial or otherwise’.

Mr Douglas Hogg

83

Clause  14,  page  31,  line  13,  after ‘profile’, insert ‘and if acquitted after a trial

before the end of one year beginning from the date of that trial or otherwise’.

Mr Douglas Hogg

84

Clause  14,  page  32,  line  13,  leave out ‘or only one exempt conviction’.

Mr Douglas Hogg

85

Clause  14,  page  32,  line  14,  after ‘offence’, insert ‘and is not tried for or is

acquitted of that or of a related offence’.

Mr Douglas Hogg

86

Clause  14,  page  32,  line  21,  after ‘footwear’, insert ‘and if acquitted after a trial

before the end of one year beginning from the date of that acquittal or otherwise’.

Public Bill Committee: 4 February 2010

137

Crime and Security Bill, continued

Mr Douglas Hogg

87

Clause  14,  page  32,  line  24,  after ‘profile’, insert ‘and if acquitted after a trial

before the end of one year beginning from the date of that acquittal or otherwise’.

Mr Douglas Hogg

74

Clause  14,  page  33,  line  25,  leave out ‘or only one exempt conviction’.

Mr Douglas Hogg

75

Clause  14,  page  33,  line  26,  after ‘offence’, insert ‘and is not tried for or is

acquitted of that or a related offence’.

Mr Douglas Hogg

76

Clause  14,  page  33,  line  33,  after ‘footwear’, insert ‘and if acquitted after a trial

before the end of the period of one year beginning from the date of that trial or otherwise’.

Mr Douglas Hogg

77

Clause  14,  page  33,  line  34,  leave out ‘6’ and insert ‘3’.

Mr Douglas Hogg

78

Clause  14,  page  33,  line  36,  after ‘profile’, insert ‘and if acquitted after a trial

before the end of one year beginning from the date of the trial or otherwise’.

Mr Douglas Hogg

79

Clause  14,  page  33,  line  36,  leave out ‘6’ and insert ‘3’.

Mr Douglas Hogg

73

Clause  14,  page  34,  line  41,  leave out ‘5’ and insert ‘2’.

Mr David Hanson

130

Clause  14,  page  35,  line  29,  leave out ‘sections 64ZB’ and insert ‘section 64ZB, or

sections 64ZD’.

Member’s explanatory statement

This amendment is consequential on amendments 128 and 129.

James Brokenshire

Andrew Rosindell

151

Clause  14,  page  36,  leave out lines 21 to 41.

Mr David Hanson

37

Clause  14,  page  36,  line  38,  leave out ‘samples, fingerprints or impressions of

footwear’ and insert ‘fingerprints’.

Public Bill Committee: 4 February 2010

138

Crime and Security Bill, continued

Member’s explanatory statement

This amendment alters the substituted section 64ZK(4)(a) of PACE to remove the erroneous

reference to samples and impressions of footwear because this section is only intended to provide

for the retention for purposes of national security of DNA profiles and fingerprints and not samples

or impressions of footwear.

James Brokenshire

Andrew Rosindell

152

Clause  14,  page  38,  leave out lines 4 to 16.

Tom Brake

Mr Mark Oaten

Chris Huhne

103

Page  28,  line  20,  leave out Clause 14.

Mr David Hanson

38

Clause  15,  page  39,  line  7,  leave out ‘arrested for or’.

Member’s explanatory statement

This amendment alters the substituted article 64(5)(b) of PACE (NI) to remove the erroneous

repeated reference to an arrest under section 41 of the Terrorism Act 2000 as this is already

provided for under the substituted article 64(5)(a).

Mr David Hanson

131

Clause  15,  page  40,  line  24,  leave out ‘of a recordable offence’ and insert—

‘(a)	in England and Wales or Northern Ireland of a recordable offence, or

(b)	in Scotland of an offence which is punishable by imprisonment,’.

Member’s explanatory statement

This amendment amends new Article 64ZC of PACE (NI) to provide that the destruction regime in

that section (persons subject to control orders) ceases to have effect if the person is convicted of a

recordable offence in England and Wales or an offence in Scotland punishable by imprisonment.

Mr David Hanson

132

Clause  15,  page  40,  line  25,  at end insert—

‘( )	For the purposes of paragraph (1)—

(a)	a person has no previous convictions if the person has not previously

been convicted—

(i)	in England and Wales or Northern Ireland of a recordable

offence, or

(ii)	in Scotland of an offence which is punishable by imprisonment,

and

(b)	if the person has been previously convicted of a recordable offence in

England and Wales or Northern Ireland, 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.

( )	For the purposes of that paragraph—

Public Bill Committee: 4 February 2010

139

Crime and Security Bill, continued

(a)	a person is to be treated as having been convicted of an offence if—

(i)	he has been given a caution in England and Wales or Northern

Ireland in respect of the offence which, at the time of the caution,

he has admitted, or

(ii)	he has been warned or reprimanded under section 65 of the

Crime and Disorder Act 1998 for the offence, and

(b)	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.

( )	In this Article—

(a)	“recordable offence” has, 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)	“qualifying offence” has, in relation to a conviction in respect of a

recordable offence committed in England and Wales, the meaning given

by section 65A of that Act.’.

Member’s explanatory statement

This amendment amends new Article 64ZC of PACE so that where a person already has a

conviction in England and Wales for a recordable offence, or in Scotland for an offence which is

punishable by imprisonment, the destruction regime in that section (persons subject to control

order) does not apply.

Mr David Hanson

133

Clause  15,  page  45,  line  38,  after ‘Article 64ZB’ insert ‘, or Articles 64ZD’.

Member’s explanatory statement

This amendment is consequential on amendments 131 and 132.

Tom Brake

Mr Mark Oaten

Chris Huhne

104

Page  38,  line  30,  leave out Clause 15.

Mr David Hanson

114

Clause  16,  page  49,  line  15,  after ‘Ireland’, insert ‘, or

( )	an offence in Scotland which is punishable by imprisonment,’.

Member’s explanatory statement

This amendment alters the substituted paragraph 14B(5) of Schedule 8 to the Terrorism Act 2000

to provide that the destruction regime in that paragraph ceases to have effect in relation to the

material if the person is convicted of an offence in Scotland which is punishable by imprisonment.

Mr David Hanson

115

Clause  16,  page  50,  line  12,  after ‘Ireland’, insert ‘, or

( )	an offence in Scotland which is punishable by imprisonment,’.

Member’s explanatory statement

This amendment alters the substituted paragraph 14C(5) of Schedule 8 to the Terrorism Act 2000

to provide that the destruction regime in that paragraph ceases to have effect in relation to the

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Revised 4 February 2010