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Destruction of fingerprints and samples

Tom Brake

Mr Mark Oaten

Chris Huhne

NC6

To move the following Clause:—

‘(1)	The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2)	After section 64A insert—

“64B	Destruction of fingerprints and samples etc.

(1)	Subject to subsection (2), where a sample has been taken from a person

under this Part, unless such a person has given consent in accordance

with section 64(3AC), all such samples and all information derived from

such samples shall be destroyed as soon as possible following a decision

not to institute criminal proceedings against the person or on the

conclusion of such proceedings otherwise than with a conviction.

(2)	Subsection (1) above shall not apply where the record, sample or

information in question is of the same kind as a record, a sample or, as

the case may be, information lawfully held in relation to the person.

(3)	For the purposes of this section, criminal proceedings shall not be

deemed to have concluded until the earlier of—

(a)	the lapse of any applicable appeal period, and

(b)	a decision not to appeal such proceedings.

(4)	Material falls within this subsection if it is—

(a)	fingerprints or impressions of footwear taken from the person in

connection with the investigation of the offence;

(b)	a DNA profile derived from a DNA sample so taken;

(c)	photographs falling within a description specified in the

regulations; or

(d)	information derived from DNA samples so taken from a person.

(5)	For the purposes of this section—

(a)	“photograph” includes a moving image, and

(b)	the reference to a DNA sample is a reference to any material that

has come from a human body and consists of or includes human

cells.”’.

Retention of voluntary samples

Tom Brake

Mr Mark Oaten

Chris Huhne

NC7

To move the following Clause:—

‘(1)	The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

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(2)	After section 64(1A)(b) insert—

“(c)	any other provision in this Part does not prohibit or restrict their retention

or require their destruction.”.

(3)	For section 64(3AC) substitute—

“3AC	Retention of voluntary samples etc.

Where a person from whom a fingerprint, impression of footwear or

sample has been taken consents in writing to its retention—

(a)	that sample need not be destroyed under subsection (3) above;

(b)	subsection (3AB) above shall not restrict the use that may be

made of the sample or of any information derived from it; and

(c)	that consent shall be treated as comprising a consent for the

purposes of section 63A(1C) above; provided that—

(i)	no sample or information derived from any sample may

be retained on any child under the age of 10 years; and

(ii)	consent given for the purposes of this subsection shall be

capable of being withdrawn by such person upon

making written application to the responsible chief

officer of police or person authorised by the Secretary of

State for such purpose whereupon such sample and any

information derived therefrom shall be destroyed as

soon as possible following receipt of such written

application.”’.

Repeal of section 82 of the Criminal Justice and Police Act 2001

Tom Brake

Mr Mark Oaten

Chris Huhne

NC8

To move the following Clause:—

‘Section 82 of the Criminal Justice and Police Act 2001 is repealed.’.

Repeal of sections 9 and 10 of the Criminal Justice Act 2003

Tom Brake

Mr Mark Oaten

Chris Huhne

NC9

To move the following Clause:—

‘Sections 9 and 10 of the Criminal Justice Act 2003 are repealed.’.

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Prohibition of alcohol consumption in public places

Mr Robert Flello

NC22

To move the following Clause:—

‘(1)	Subsection (2) applies if a constable reasonably believes that a person is, or has

been, consuming intoxicating liquor in a restricted public place or intends to

consume intoxicating liquor in such a place.

(2)	The constable may require the person concerned—

(a)	not to consume in that place anything which is, or which the constable

reasonably believes to be, intoxicating liquor;

(b)	to surrender anything in his possession which is, or which the constable

reasonably believes to be, intoxicating liquor or a container for such

liquor (other than a sealed container).

(3)	A constable may dispose of anything surrendered to him under subsection (2) in

such manner as he considers appropriate.

(4)	A person who fails without reasonable excuse to comply with a requirement

imposed on him under subsection (2) commits an offence and is liable on

summary conviction to a fine not exceeding level 2 on the standard scale.

(5)	A constable who imposes a requirement on a person under subsection (2) shall

inform the person concerned that failing without reasonable excuse to comply

with the requirement is an offence.’.

Restricted public places

Mr Robert Flello

NC23

To move the following Clause:—

‘(1)	A place is, subject to section [Places which are not a restricted public place], a

restricted public place if it is a public place in the area of a local authority.

(2)	A local authority may for the purposes of subsection (1) by order identify all

public places in their area if they are satisfied that—

(a)    

(i)	nuisance or annoyance to members of the public or a section of

the public, or

(ii)

disorder

has been associated with the consumption of intoxicating liquor in their

local authority area; or

(b)	at least 20 per cent. of the electors in that local authority area have

petitioned the local authority requesting the area covered by the local

authority be a restricted public place.

(3)	The power conferred by subsection (2) includes power—

(a)	to identify a place either specifically or by description;

(b)	to revoke or amend orders previously made.

(4)	The Secretary of State shall by regulations prescribe the procedure to be followed

in connection with the making of orders under subsection (2).

(5)	Regulations under subsection (4) shall, in particular, include provision requiring

local authorities to publicise the making and effect of orders under subsection (2).

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(6)	Regulations under subsection (4) are to be made by statutory instrument and are

subject to annulment in pursuance of a resolution of either House of Parliament.’.

Places which are not a restricted public place

Mr Robert Flello

NC24

To move the following Clause:—

‘(1)	A place is not a restricted public place or a part of such a place if it is—

(a)	private land, a dwelling place or any place to which the public would not

normally have access;

(b)	licensed premises or a registered club;

(c)	a place within the curtilage of any licensed premises or registered club;

(d)	a place where the sale of intoxicating liquor is for the time being

authorised by an occasional permission or was so authorised within the

last twenty minutes;

(e)	a place where the sale of intoxicating liquor is not for the time being

authorised by an occasional licence but was so authorised within the last

twenty minutes;

(f)	a place where facilities or activities relating to the sale or consumption of

intoxicating liquor are for the time being permitted by virtue of a

permission granted under section 115E of the Highways Act 1980 (c. 66)

(highway related uses).

(2)	In subsection (1)—

“licenced premises”, “occasional licence” and “registered club” have the

same meaning as in the Licensing Act 1964 (c. 26); and

“occasional permission” has the same meaning as in the Licensing

(Occasional Permissions) Act 1983 (c. 24).’.

Effect of sections [Prohibition of alcohol consumption in public places] to [Places which

are not a restricted public place] on byelaws

Mr Robert Flello

NC25

To move the following Clause:—

‘(1)	Subsections (2) and (3) apply to any byelaw which—

(a)	prohibits, by the creation of an offence, the consumption in a particular

public place of intoxicating liquor (including any liquor of a similar

nature which falls within the byelaw); or

(b)	makes any incidental, supplementary or consequential provision

(whether relating to the seizure or control of containers or otherwise).

(2)	In so far as any byelaw to which this subsection applies would, apart from this

subsection, have effect in relation to any designated public place, the byelaw—

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(a)	shall cease to have effect in relation to that place; or

(b)	where it is made after the order under section [Restricted public places]

(2), shall not have effect in relation to that place.

(3)	In so far as any byelaw made by a local authority and to which this subsection

applies still has effect at the end of the period of 5 years beginning with the day

on which this subsection comes into force, it shall cease to have effect at the end

of that period in relation to any public place.’.

Interpretation of sections [Prohibition of alcohol consumption in public places] to

[Places which are not a restricted public place]

Mr Robert Flello

NC26

To move the following Clause:—

‘(1)	In sections [Prohibition of alcohol consumption in public places] to [Places

which are not a restricted public place], unless the context otherwise requires—

“restricted public place” has the meaning given by section [Restricted

public places] (1);

“intoxicating liquor” has the same meaning as in the Licensing Act 1964;

and

“public place” means any place to which the public or any section of the

public has access, on payment or otherwise, as of right or by virtue of

express or implied permission.

(2)	In sections [Restricted public places] to [Effect of sections [Prohibition of alcohol

consumption in public places] to [Places which are not a restricted public place]

on byelaws] “local authority” means—

(a)	in relation to England—

(i)	a unitary authority;

(ii)	a district council so far as they are not a unitary authority,

(b)	in relation to Wales, a county council or a county borough council.

(3)	In subsection (2) “unitary authority” means—

(a)	the council or a county so far as they are the council for an area for which

there are no district councils;

(b)	the council of any district comprised in an area for which there is no

county council;

(c)	a London borough council;

(d)	the Common Council of the City of London in its capacity as a local

authority;

(e)	the Council of the Isles of Scilly.’.

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Prohibition of immobilisation or restriction and removal of vehicles

Mr Douglas Hogg

NC27

To move the following Clause:—

‘(1)	A person commits an offence if the person carries out any of the following

activities—

(a)	the immobilisation of a motor vehicle by the attachment to the vehicle, or

to a part of it, of an immobilising device;

(b)	the demanding or collection of a charge as a condition of the removal of

an immobilising device from a motor vehicle;

(c)	the moving of a vehicle, or the restriction of the movement of a vehicle,

by any means;

(d)	the demanding or collection of a charge as a condition of any release of

a vehicle which has been so moved or restricted;

unless that activity is carried out with the consent of the owner, keeper or user of

the vehicle.

(2)	A person who is an occupier of any premises commits an offence if—

(a)	another person carries out, in relation to vehicles on those premises, any

activities falling within subsection (1), and

(b)	those activities are carried out with the permission of that occupier or for

the purposes of, or in connection with, any contract for the supply of

services to him.

(3)	A person guilty of an offence under this section shall be liable—

(a)	on summary conviction, to a fine not exceeding the statutory maximum;

(b)	on conviction on indictment, to a fine.

(4)	The Private Security Industry Act 2001 is amended as follows—

(a)	omit section 6;

(b)	in Schedule 2 omit paragraphs 3 and 3A.’.

Definition of domestic violence

Mr Robert Flello

NC28

To move the following Clause:—

‘(1)	Domestic violence is defined as an incident of—

(a)	threatening behaviour,

(b)	violence, or

(c)	abuse, whether physical, sexual, financial or emotional,

committed by a person (P) on an adult who is or has been an intimate partner or

family member of P, regardless of the gender or sexuality of either person, and

which is one of a series of such incidents.

(2)	Abuse under subsection (1)(c) may include—

(a)	destruction of a spouse’s or partner’s property;

(b)	isolation of a spouse or partner from friends, family or other potential

sources of support;

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(c)	threats to others, including children;

(d)	control over access to money, personal items, food, transport, and

telephone services; and

(e)	the effect of any of paragraphs (a), (b), (c) or (d) on children.’.

Use of animals in gang-related violence

Andrew Rosindell

NC29

To move the following Clause:—

‘(1)	The Policing and Crime Act 2009 is amended as follows.

(2)	In section 34(5) (meaning of “gang-related violence”) after paragraph (c) insert

“, and

(d)	may be involv ed in the use of animals as weapons.”’.

New schedule

Mr David Hanson

NS1

To move the following Schedule:—

‘Compensation of victims of overseas terrorism: consequential amendments

Parliamentary Commissioner Act 1967 (c. 13)

1	After section 11B of the Parliamentary Commissioner Act 1967, there is

inserted—

“11C	The Victims of Overseas Terrorism Compensation Scheme

(1)	For the purposes of this Act, administrative functions exercisable by

an administrator of the Victims of Overseas Terrorism Compensation

Scheme (see section [compensation scheme] of the Crime and Security

Act 2010) (“Scheme functions”) shall be taken to be administrative

functions of a government department to which this Act applies.

(2)	For the purposes of this section, a claims officer appointed under

section [claims officers etc](1) of the Crime and Security Act 2010 is

an administrator of the Scheme.

(3)	The principal officer in relation to any complaint made in respect of

any action taken in respect of Scheme functions by a claims officer is

such person as may from time to time be designated by the Secretary

of State for the purposes of this subsection.

(4)	The conduct of an investigation under this Act in respect of any action

taken in respect of Scheme functions shall not affect—

(a)	any action so taken; or

---

Revised 4 February 2010