11

House of Commons

Tuesday 26 January 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 Resolution of the

Programming Sub-Committee.

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Thursday 21 January (Standing Order

No. 83C):

That—

(1)	the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

26 January) meet—

(a)	at 4.00 pm on Tuesday 26 January;

(b)	at 9.00 am and 1.00 pm on Thursday 28 January;

(c)	at 10.30 am and 4.00 pm on Tuesday 2 February;

(d)	at 9.00 am and 1.00 pm on Thursday 4 February;

(e)	at 10.30 am and 4.00 pm on Tuesday 9 February;

(f)	at 10.30 am and 4.00 pm on Tuesday 23 February;

(2)	the Committee shall hear oral evidence in accordance with the following

Table—

      TABLE

	Date	Time	Witness
	Tuesday 26 January	Until no later than	Police Federation of
		12.00 pm	England and Wales; Jan
			Berry (Independent
			Reducing Bureaucracy
			Advocate)
	Tuesday 26 January	Until no later than	Association of Chief
		1.00 pm	Police Officers;
			Manchester Crime and
			Disorder Reduction
			Partnership; Manchester
			City Council; The
			Standing Committee for
			Youth Justice
	Tuesday 26 January	Until no later than	Association of Chief
		5.30 pm	Police Officers; Linda
			Bowman
	Tuesday 26 January	Until no later than	Liberty; GeneWatch UK
		7.00 pm
	Thursday 28 January	Until no later than	Wiltshire Police; Refuge;
		10.25 am	Fawcett Society;
			Women’s Aid Federation
			of England; National
			Centre for Domestic
			Violence
	Thursday 28 January	Until no later than	The Automobile
		2.30 pm	Association; British
			Parking Association;
			Local Government
			Association
	Thursday 28 January	Until no later than	Home Office
		4.00 pm

Public Bill Committee: 26 January 2010

12

Crime and Security Bill, continued

(3)	proceedings on consideration of the Bill in Committee shall be taken in the

following order: Clauses 1 to 39; Schedule; Clauses 40 to 46; new Clauses;

new Schedules; remaining proceedings on the Bill;

(4)	the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 8.00 pm on Tuesday 23 February.

Mr David Hanson has given notice of his intention to move a motion in the terms of the

Resolution of the Programming Sub-Committee (Standing Order No. 83C).

Mr David Hanson

That, at this and any subsequent meeting at which oral evidence is to be heard, the

Committee shall sit in private until the witnesses are admitted.

Mr David Hanson

That, subject to the discretion of the Chairman, any written evidence received by the

Public Bill Committee: 26 January 2010

13

Crime and Security Bill, continued

Committee shall be reported to the House for publication.

James Brokenshire

Andrew Rosindell

1

Clause  1,  page  1,  line  6,  at end insert ‘which may be made by electronic record or

by the recording of a telecommunications message containing the relevant details.’.

James Brokenshire

Andrew Rosindell

2

Clause  2,  page  2,  line  31,  at end insert ‘provided that the power under this

subsection may not be exercised later than six months from the date of arrest or if earlier

the date that it was decided that no further action would be taken in connection with the

events or circumstances which led to the arrest.’.

James Brokenshire

Andrew Rosindell

3

Clause  2,  page  2,  line  41,  at end insert ‘provided that the power under this

subsection may not be exercised if the person has been acquitted of the offence or the

relevant charges have been withdrawn.’.

James Brokenshire

Andrew Rosindell

4

Clause  2,  page  3,  line  35,  at end insert ‘provided that the power under this

subsection may not be exercised later than six months from the date of arrest or if earlier

the date that it was decided that no further action would be taken in connection with the

events or circumstances which led to the arrest.’.

James Brokenshire

Andrew Rosindell

5

Clause  2,  page  4,  line  7,  at end insert ‘provided that the power under this subsection

may not be exercised if the person has been acquitted of the offence or the relevant

charges have been withdrawn.’.

James Brokenshire

Andrew Rosindell

6

Clause  3,  page  5,  line  5,  leave out from ‘person’ to ‘may’ in line 6.

Public Bill Committee: 26 January 2010

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Crime and Security Bill, continued

James Brokenshire

Andrew Rosindell

7

Clause  3,  page  5,  line  29,  leave out subsections (2) and (3).

James Brokenshire

Andrew Rosindell

8

Clause  3,  page  6,  line  3,  leave out from ‘person’ to ‘if’ in line 4.

James Brokenshire

Andrew Rosindell

22

Clause  3,  page  6,  line  36,  leave out paragraph (b).

James Brokenshire

Andrew Rosindell

9

Clause  4,  page  8,  line  1,  leave out from ‘include’ to ‘a’ in line 2.

James Brokenshire

Andrew Rosindell

10

Clause  6,  page  10,  leave out lines 26 to 28.

James Brokenshire

Andrew Rosindell

11

Clause  6,  page  12,  leave out lines 31 to 34.

James Brokenshire

Andrew Rosindell

12

Clause  8,  page  15,  line  37,  at end insert ‘provided that the power under this

paragraph may not be exercised later than six months from the date of arrest or if earlier

the date that it was decided that no further action would be taken in connection with the

events or circumstances which led to the arrest.’.

James Brokenshire

Andrew Rosindell

13

Clause  8,  page  16,  line  2,  at end insert ‘provided that the power under this

paragraph may not be exercised if the person has been acquitted of the offence or the

relevant charges have been withdrawn.’.

Public Bill Committee: 26 January 2010

15

Crime and Security Bill, continued

James Brokenshire

Andrew Rosindell

14

Clause  8,  page  16,  line  39,  at end insert ‘provided that the power under this

paragraph may not be exercised later than six months from the date of arrest or if earlier

the date that it was decided that no further action would be taken in connection with the

events or circumstances which led to the arrest.’.

James Brokenshire

Andrew Rosindell

15

Clause  8,  page  17,  line  13,  at end insert ‘provided that the power under this

paragraph may not be exercised if the person has been acquitted of the offence or the

relevant charges have been withdrawn.’.

James Brokenshire

Andrew Rosindell

16

Clause  9,  page  18,  line  5,  leave out from ‘person’ to ‘may’ in line 6.

James Brokenshire

Andrew Rosindell

17

Clause  9,  page  18,  line  28,  leave out subsections (2) and (3).

James Brokenshire

Andrew Rosindell

18

Clause  9,  page  19,  line  3,  leave out from ‘person’ to ‘if’ in line 4.

James Brokenshire

Andrew Rosindell

23

Clause  9,  page  19,  line  34,  leave out paragraph (b).

James Brokenshire

Andrew Rosindell

19

Clause  10,  page  21,  line  1,  leave out from ‘include’ to ‘a’ in line 2.

James Brokenshire

Andrew Rosindell

20

Clause  12,  page  23,  leave out lines 25 to 27.

Public Bill Committee: 26 January 2010

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Crime and Security Bill, continued

James Brokenshire

Andrew Rosindell

24

Clause  12,  page  25,  leave out lines 25 to 28.

James Brokenshire

Andrew Rosindell

25

Clause  14,  page  29,  line  14,  leave out ‘sooner’ and insert ‘later’.

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 three years beginning with the date on which the fingerprints

or impression were taken, such date being the “initial retention date”; or

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

(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—

Public Bill Committee: 26 January 2010

17

Crime and Security Bill, continued

(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.’.

James Brokenshire

Andrew Rosindell

27

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

James Brokenshire

Andrew Rosindell

28

Clause  19,  page  60,  line  18,  leave out subsection (5) and insert—

‘(5)	A statutory instrument containing an order under subsection (4) above shall not

be made unless a draft of the instrument has been laid before and approved by

resolution of each House of Parliament.’.

James Brokenshire

Andrew Rosindell

29

Clause  20,  page  60,  line  22,  at end insert ‘to report on its effectiveness and to make

recommendations on the use of DNA profiles.’.

James Brokenshire

Andrew Rosindell

30

Clause  20,  page  60,  line  23,  leave out ‘publish’ and insert ‘lay before Parliament’.

James Brokenshire

Andrew Rosindell

31

Clause  20,  page  60,  line  24,  at end insert ‘and its membership’.

James Brokenshire

Andrew Rosindell

32

Clause  20,  page  60,  line  26,  at end add ‘to Parliament’.

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Revised 26 January 2010