House of Commons Amendments

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Public Bill Committee: 9 February 2010
203

Crime and Security Bill, continued

(7)
In calculating the period of 40 days mentioned in subsection (6), any period

during which Parliament is dissolved or prorogued or during which both Houses

are adjourned for more than 4 days is to be disregarded.’.

Member’s explanatory statement

This new clause secures that the making of the scheme and any alterations to it will be subject to

parliamentary procedures. The scheme must be laid before Parliament in draft and approved by

resolution of both Houses before it can be made.

Material subject to the Criminal Procedure (Scotland) Act 1995

Mr David Hanson

NC19

To move the following Clause:—

‘(1)
This section applies to the following material—

(a)
relevant physical data or samples taken under section 18(2), (6) or (6A)

of the 1995 Act (prints, samples etc. in criminal investigations), and

(b)
a DNA profile derived from a DNA sample falling within paragraph (a).

(2)
Material retained under this section must not be used other than—

(a)
in the interests of national security, or

(b)
for the purposes of a terrorist investigation.

(3)
Material to which this section applies may be retained—

(a)
if the chief constable determines that it is necessary for the material to be

retained for the purposes of national security, and

(b)
for as long as the determination has effect.

(4)
A determination mentioned in subsection (3)—

(a)
has effect for a maximum of 2 years beginning with the date on which the

material would (but for this section) first become liable for destruction

under the 1995 Act,

(b)
may be renewed.

(5)
The reference in subsection (3) to the chief constable is a reference to the chief

constable of the police force—

(a)
of which the constable who took (or directed the taking of) the material

was a member, or

(b)
in the case of a DNA profile, of which the constable who took (or directed

the taking of) the sample from which the profile was derived was a

member.

(6)
Subsection (3) has effect despite any provision to the contrary in the 1995 Act.

(7)
The reference in subsection (2) to using material includes a reference to allowing

any check to be made against it and to disclosing it to any person.

(8)
In this section—

“the 1995 Act” is the Criminal Procedure (Scotland) Act 1995,

“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,

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Crime and Security Bill, continued

“terrorist investigation” has the meaning given by section 32 of the

Terrorism Act 2000.’.

Member’s explanatory statement

This New Clause makes provision for the retention of relevant physical data and samples beyond

the time limits which otherwise apply under the Criminal Procedure (Scotland) Act 1995 where a

chief constable determines that this is necessary for the purposes of national security.

Material subject to the Terrorism Act 2000 (Scotland)

Mr David Hanson

NC20

To move the following Clause:—

‘(1)
Schedule 8 to the Terrorism Act 2000 is amended as follows.

(2)
In paragraph 20—

(a)
for sub-paragraph (3) there is substituted—

  “(3)
Material to which this sub-paragraph applies may be retained

after it has fulfilled the purpose for which it was taken or

derived.

    (3A)
Sub-paragraph (3) applies to the following material—

(a)
relevant physical data or samples taken by virtue of

this paragraph, and

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

    (3B)
Sub-paragraph (3)—

(a)
in the case to which sub-paragraph (1) relates, has

effect despite any provision to the contrary in the Act

referred to in that sub-paragraph,

(b)
in any case, is subject to paragraphs 20A to 20E.

    (3C)
In this paragraph and paragraphs 20A to 20I—

“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.”,

(b)
sub-paragraph (4) is repealed.

(3)
After paragraph 20 there is inserted—

“20A (1)
A DNA sample to which paragraph 20(3) applies must be destroyed—

(a)
as soon as a DNA profile has been derived from the sample, or

(b)
if sooner, before the end of the period of 6 months beginning

with the date on which the sample was taken.

      (2)
Any other sample to which paragraph 20(3) applies must be destroyed

before the end of the period of 6 months beginning with the date on

which it was taken.

20B(1)
This paragraph applies to material falling within sub-paragraph (2)

relating to a person who—

(a)
has no previous convictions or only one exempt conviction,

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Crime and Security Bill, continued

(b)
is detained under Schedule 7 or section 41, and

(c)
is aged 18 or over on the date he is detained.

      (2)
Material falls within this sub-paragraph if it is—

(a)
relevant physical data to which paragraph 20(3) applies, or

(b)
a DNA profile to which that paragraph applies.

      (3)
The material must be destroyed—

(a)
in the case of relevant physical data, before the end of the

period of 6 years beginning with the date on which it was

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 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, 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,

before the material is required to be destroyed by virtue of this

paragraph, the person is convicted of—

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

or

(b)
a recordable offence in England and Wales or Northern

Ireland.

20C(1)
This paragraph applies to material falling within sub-paragraph (2)

relating to a person who—

(a)
has no previous convictions or only one exempt conviction,

(b)
is detained under Schedule 7, and

(c)
and is aged under 18 on the date he is detained.

      (2)
Material falls within this sub-paragraph if it is—

(a)
relevant physical data to which paragraph 20(3) applies, or

(b)
a DNA profile to which that paragraph applies.

      (3)
The material must be destroyed—

(a)
in the case of relevant physical data, before the end of the

period of 3 years beginning with the date on which the

material was taken,

(b)
in the case of a DNA profile, before the end of the period of 3

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 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 period

of 6 years beginning with the date he is detained,

(b)
where—

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Crime and Security Bill, continued

(i)
the person is detained under Schedule 7, and

(ii)
the person is aged under 18 on the date he is detained,


the material may be further retained until the end of the period

of 3 years beginning with the date he is detained,

(c)
where—

(i)
the person is detained under section 41, and

(ii)
the person is aged under 16 on the date he is detained,


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

(ii)
the person is aged 16 or 17 on the date he is detained,


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,

before the material is required to be destroyed by virtue of this

paragraph, the person is convicted of—

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

or

(b)
a recordable offence in England and Wales or Northern

Ireland.

20D(1)
This paragraph applies to material falling within sub-paragraph (2)

relating to a person who—

(a)
has no previous convictions or only one exempt conviction,

(b)
is detained under section 41, and

(c)
is aged under 16 on the date he is detained.

      (2)
Material falls within this sub-paragraph if it is—

(a)
relevant physical data to which paragraph 20(3) applies, or

(b)
a DNA profile to which that paragraph applies.

      (3)
The material must be destroyed—

(a)
in the case of relevant physical data, before the end of the

period of 3 years beginning with the date on which the

material was taken,

(b)
in the case of a DNA profile, before the end of the period of 3

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 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 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,


the material may be further retained until the end of the period

of 3 years beginning with the date the person is detained,

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Crime and Security Bill, continued

(c)
where—

(i)
the person is detained under section 41, and

(ii)
the person is aged under 16 on the date he is detained,


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

(ii)
the person is aged 16 or 17 on the date he is detained,


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,

before the material is required to be destroyed by virtue of this

paragraph, the person is convicted of—

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

or

(b)
a recordable offence in England and Wales or Northern

Ireland.

20E(1)
This paragraph applies to material falling within sub-paragraph (2)

relating to a person who—

(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)
relevant physical data to which paragraph 20(3) applies, or

(b)
a DNA profile to which that paragraph applies.

      (3)
The material must be destroyed—

(a)
in the case of relevant physical data, before the end of the

period of 6 years beginning with the date on which the

material was 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 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 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,


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

(ii)
the person is aged 16 or 17 on the date he is detained,

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Crime and Security Bill, continued


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,

before the material is required to be destroyed by virtue of this

paragraph, the person is convicted of—

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

or

(b)
a recordable offence in England and Wales or Northern

Ireland.

20F(1)
For the purposes of paragraphs 20B to 20E—

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

previously been convicted—

(i)
in Scotland of an offence which is punishable by

imprisonment, or

(ii)
in England and Wales or Northern Ireland of a

recordable offence; and

(b)
if a person has been previously so 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.

      (2)
For the purposes of paragraphs 20B to 20E, “qualifying offence” and

“recordable offence” have the meanings given by paragraphs 14F(2)

and 15(4) respectively.

      (3)
For the purposes of paragraphs 20B to 20E, a person is to be treated as

having been convicted of an offence in England and Wales or

Northern Ireland if he has been given a caution, or has been warned or

reprimanded, as mentioned in paragraph 14F(3).

      (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 20I(2)

that the chief constable considers necessary or desirable, material to

which any of paragraphs 20B to 20E applies must be destroyed

immediately if it appears to the chief constable that—

(a)
the arrest under section 41 was unlawful,

(b)
the taking of the material concerned was 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.

      (6)
The reference in sub-paragraph (5) to the chief constable is a reference

to the chief constable of the police force—

(a)
of which the constable who took (or directed the taking of) the

material was a member, or

(b)
in the case of a DNA profile, of which the constable who took

(or directed the taking of) the sample from which the profile

was derived was a member.

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Crime and Security Bill, continued

20G(1)
If the chief constable determines that it is necessary for relevant

physical data or a DNA profile to which paragraph 20(3) applies to be

retained for the purposes of national security—

(a)
the material is not required to be destroyed in accordance with

paragraphs 20B to 20E, and

(b)
paragraph 20I(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

otherwise be required to be destroyed, but a determination may be

renewed.

      (3)
The reference in sub-paragraph (1) to the chief constable is a reference

to the chief constable of the police force—

(a)
of which the constable who took (or directed the taking of) the

material was a member, or

(b)
in the case of a DNA profile, of which the constable who took

(or directed the taking of) the sample from which the profile

was derived was a member.

20H(1)
If material is required to be destroyed by virtue of any of paragraphs

20B to 20E, any copies of the material must also be destroyed.

      (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 chief

constable to be notified when any of the following material is

destroyed under any of paragraphs 20A to 20E—

(a)
material taken in Scotland, or

(b)
a DNA profile derived from such material.

      (4)
The chief constable or a person authorised by the chief constable (or

on the chief constable’s behalf) must within three months of the

request issue the person with a certificate recording the destruction.

      (5)
The references in sub-paragraphs (3) and (4) to the chief constable are

references to the chief constable of the police force—

(a)
of which the constable who took (or directed the taking of) the

material was a member, or

(b)
in the case of a DNA profile, of which the constable who took

(or directed the taking of) the sample from which the profile

was derived was a member.

20I(1)
Any material to which paragraph 20(3) 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,

(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



© Parliamentary copyright 2010	Revised 9 February 2010