House of Commons Amendments

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Public Bill Committee: 23 February 2010
251

Crime and Security Bill, continued

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,

(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—

Public Bill Committee: 23 February 2010
252

Crime and Security Bill, continued

(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—

(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—

Public Bill Committee: 23 February 2010
253

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 the person 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.

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,

Public Bill Committee: 23 February 2010
254

Crime and Security Bill, continued

(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,


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

Public Bill Committee: 23 February 2010
255

Crime and Security Bill, continued

(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.

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,

Public Bill Committee: 23 February 2010
256

Crime and Security Bill, continued

(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

or of the person to whom the material relates.

      (2)
Subject to sub-paragraph (1), the material may be checked against—

(a)
other material to which paragraph 20(3) applies,

(b)
material to which paragraph 14 applies,

(c)
material to which section 18 of the Counter-Terrorism Act

2008 applies,

(d)
any of the relevant physical data, samples and information to

which section 20 of the Criminal Procedure (Scotland) Act

1995 applies, and

(e)
any of the fingerprints, samples and information mentioned

in—

(i)
section 63A(1)(a) and (b) of the Police and Criminal

Evidence Act 1984, or

(ii)
Article 63A(1)(a) and (b) of the Police and Criminal

Evidence (Northern Ireland) Order 1989.

      (3)
Material which is required to be destroyed by virtue of any of

paragraphs 20A to 20E and 20H 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.

      (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

to any person,

(b)
the reference to crime includes a reference to any conduct

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

place in any one part of the United Kingdom, would

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

territory outside the United Kingdom.”

(4)
Paragraph 21 (as inserted by section 17(3) of the Counter-Terrorism Act 2008) is

repealed.’.

Member’s explanatory statement

This New Clause provides for a new regime for the retention, destruction and use of biometric

material taken in Scotland under paragraph 20 of Schedule 8 to the Terrorism Act 2000.

Public Bill Committee: 23 February 2010
257

Crime and Security Bill, continued

Material subject to the Counter-Terrorism Act 2008 (Scotland)

Mr David Hanson

NC21

To move the following Clause:—

‘(1)
The Counter-Terrorism Act 2008 is amended as follows.

(2)
In section 11—

(a)
in subsection (6), for the words from “may be retained” to the end there

is substituted “must be destroyed before the end of the period of 2 years

beginning with the date on which the person ceases to be subject to a

control order”;

(b)
after subsection (6) there is inserted—

“(6A)
Subsection (6) applies only if the person to whom the data,

sample or information relates has no previous convictions or

only one exempt conviction.

(6B)
For the purpose of subsection (6A), a person has no previous

convictions or only one exempt conviction if the person would

have no previous convictions or only one exempt conviction for

the purposes of paragraphs 20B to 20E of Schedule 8 to the

Terrorism Act 2000 (see paragraph 20F of that Schedule).

(6C)
Where something is required to be destroyed under subsection

(6)—

(a)
in any case (except a DNA profile), any copies of the

thing must also be destroyed,

(b)
in the case of a DNA profile, no copy may be kept except

in a form that does not include information which

identifies the person to whom the profile relates.

(6D)
If a person makes a request to the chief constable to be notified

when anything relating to the person is destroyed under

subsection (6), the chief constable or a person authorised by the

chief constable (or on the chief constable’s behalf) must within 3

months of the request issue the person with a certificate

recording the destruction.

(6E)
The references in subsection (6D) to the chief constable are to be

construed in accordance with section 11A(6).”;

(c)
in subsection (7), after paragraph (a) there is inserted—

“(aa)
any material to which paragraph 14 or 20(3) of Schedule

8 to the Terrorism Act 2000 applies,”;

(d)
in subsection (8)—

(i)
after the opening words there is inserted—


““DNA profile” has the meaning given by section 11A(9)”;

(ii)
the definition of “terrorist investigation” is repealed.

(3)
After section 11 there is inserted—

“11A
Retention and use of material: Scotland

(1)
This section applies to the following material if it is required to be

destroyed under section 11(6)—

(a)
relevant physical data or samples, and



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