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| New Amendments handed in are marked thus  |
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| Amendments which will comply with the required notice period at their next appearance
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| | The Amendments have been arranged in accordance with the Resolution of the |
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| | Programming Sub-Committee. |
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| | Resolution of the Programming Sub-Committee |
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| | The Programming Sub-Committee appointed by the Speaker in respect of the Bill |
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| | agreed the following Resolution at its meeting on Thursday 21 January (Standing Order |
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| | (1) | the Committee shall (in addition to its first meeting at 10.30 am on Tuesday |
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| | (a) | at 4.00 pm on Tuesday 26 January; |
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| | (b) | at 9.00 am and 1.00 pm on Thursday 28 January; |
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| | (c) | at 10.30 am and 4.00 pm on Tuesday 2 February; |
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| | (d) | at 9.00 am and 1.00 pm on Thursday 4 February; |
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| | (e) | at 10.30 am and 4.00 pm on Tuesday 9 February; |
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| | (f) | at 10.30 am and 4.00 pm on Tuesday 23 February; |
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| | (2) | the Committee shall hear oral evidence in accordance with the following |
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| | (3) | proceedings on consideration of the Bill in Committee shall be taken in the |
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| | following order: Clauses 1 to 39; Schedule; Clauses 40 to 46; new Clauses; |
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| | new Schedules; remaining proceedings on the Bill; |
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| | (4) | the proceedings shall (so far as not previously concluded) be brought to a |
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| | conclusion at 8.00 pm on Tuesday 23 February. |
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| | Mr David Hanson has given notice of his intention to move a motion in the terms of the |
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| | Resolution of the Programming Sub-Committee (Standing Order No. 83C). |
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| | That, at this and any subsequent meeting at which oral evidence is to be heard, the |
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| | Committee shall sit in private until the witnesses are admitted. |
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| | That, subject to the discretion of the Chairman, any written evidence received by the |
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| | Committee shall be reported to the House for publication. |
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| Clause 1, page 1, line 6, at end insert ‘which may be made by electronic record or |
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| by the recording of a telecommunications message containing the relevant details.’. |
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| Clause 2, page 2, line 31, at end insert ‘provided that the power under this |
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| subsection may not be exercised later than six months from the date of arrest or if earlier |
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| the date that it was decided that no further action would be taken in connection with the |
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| events or circumstances which led to the arrest.’. |
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| Clause 2, page 2, line 41, at end insert ‘provided that the power under this |
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| subsection may not be exercised if the person has been acquitted of the offence or the |
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| relevant charges have been withdrawn.’. |
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| Clause 2, page 3, line 35, at end insert ‘provided that the power under this |
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| subsection may not be exercised later than six months from the date of arrest or if earlier |
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| the date that it was decided that no further action would be taken in connection with the |
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| events or circumstances which led to the arrest.’. |
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| Clause 2, page 4, line 7, at end insert ‘provided that the power under this subsection |
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| may not be exercised if the person has been acquitted of the offence or the relevant |
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| charges have been withdrawn.’. |
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| Clause 3, page 5, line 5, leave out from ‘person’ to ‘may’ in line 6. |
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| Clause 3, page 5, line 29, leave out subsections (2) and (3). |
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| Clause 3, page 6, line 3, leave out from ‘person’ to ‘if’ in line 4. |
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| Clause 3, page 6, line 36, leave out paragraph (b). |
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| Clause 4, page 8, line 1, leave out from ‘include’ to ‘a’ in line 2. |
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| Clause 6, page 10, leave out lines 26 to 28. |
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| Clause 6, page 12, leave out lines 31 to 34. |
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| Clause 8, page 15, line 37, at end insert ‘provided that the power under this |
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| paragraph may not be exercised later than six months from the date of arrest or if earlier |
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| the date that it was decided that no further action would be taken in connection with the |
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| events or circumstances which led to the arrest.’. |
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| Clause 8, page 16, line 2, at end insert ‘provided that the power under this |
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| paragraph may not be exercised if the person has been acquitted of the offence or the |
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| relevant charges have been withdrawn.’. |
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| Clause 8, page 16, line 39, at end insert ‘provided that the power under this |
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| paragraph may not be exercised later than six months from the date of arrest or if earlier |
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| the date that it was decided that no further action would be taken in connection with the |
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| events or circumstances which led to the arrest.’. |
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| Clause 8, page 17, line 13, at end insert ‘provided that the power under this |
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| paragraph may not be exercised if the person has been acquitted of the offence or the |
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| relevant charges have been withdrawn.’. |
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| Clause 9, page 18, line 5, leave out from ‘person’ to ‘may’ in line 6. |
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| Clause 9, page 18, line 28, leave out subsections (2) and (3). |
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| Clause 9, page 19, line 3, leave out from ‘person’ to ‘if’ in line 4. |
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| Clause 9, page 19, line 34, leave out paragraph (b). |
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| Clause 10, page 21, line 1, leave out from ‘include’ to ‘a’ in line 2. |
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| Clause 12, page 23, leave out lines 25 to 27. |
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| Clause 12, page 25, leave out lines 25 to 28. |
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| Clause 14, page 29, line 14, leave out ‘sooner’ and insert ‘later’. |
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| Clause 14, page 30, leave out lines 26 to 34 and insert— |
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| | ‘(3) | Subject to subsection (3AA) to (3AI), the material must be destroyed as soon as |
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| | it has fulfilled the purpose for which it was taken or supplied. |
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| | (3AA) | Where any fingerprint, impression of footwear or DNA profile has been taken |
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| | from a person under this Part who is arrested for or charged with a sexual offence |
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| | or violent offence, the fingerprint, impression of footwear or DNA profile shall |
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| | be destroyed no later than— |
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| | (a) | in the case of fingerprints or impressions of footwear, before the end of |
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| | the period three years beginning with the date on which the fingerprints |
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| | or impression were taken, such date being the “initial retention date”; or |
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| | (b) | in the case of a DNA profile, before the end of the period three years |
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| | beginning with the date on which the DNA sample from which the DNA |
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| | profile was derived was taken ( or if the profile was derived from more |
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| | than one DNA sample, the date on which the first of those samples was |
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| | taken), such date being the “initial DNA retention date” |
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| | (c) | such later date as may be ordered under subsection (3AB). |
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| | (3AB) | On application made by the responsible chief officer of police within the period |
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| | of three months before the initial retention date or the initial DNA retention date |
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| | as the case may be, the Crown Court, if satisfied that there are reasonable grounds |
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| | for doing so, may make an order amending, or further amending, the date of |
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| | destruction of the relevant fingerprint, impression of footwear or DNA profile. |
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| | (3AC) | An order under subsection (3AB) shall not specify a date more than two years |
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| | (a) | the initial retention date in relation to fingerprints or impressions of |
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| | (b) | the initial DNA retention date in the case of a DNA profile. |
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| | (3AD) | Any decision of the Crown Court may be appealed to the Court of Appeal within |
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| | 21 days of such decision. |
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| | (3AE) | Subsection (3AA) does not apply where— |
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| | (a) | an application under subsection (3AB) above has been made but has not |
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| | (b) | the period within which an appeal may be brought under subsection |
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| | (3AD) above against a decision to refuse an application has not elapsed; |
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| | (c) | such an appeal has been brought but has not been withdrawn or finally |
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| | (a) | the period within which an appeal referred to in subsection (3AD) has |
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| | elapsed without such an appeal being brought; or |
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| | (b) | such an appeal is brought and is withdrawn or finally determined without |
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| | any extension of the time period referred to in subsection (3AC); |
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| | | the fingerprint, impression of footwear or DNA profile shall be destroyed as soon |
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| | (3AG) | For the purposes of this section a “sexual offence” or “violent offence” shall mean |
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| | such offences of a violent or sexual nature as shall be set out in any order made |
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| | by the Secretary of State with reference to this section. |
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| | (3AH) | An order under this section must be made by statutory instrument. |
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| | (3AI) | A statutory instrument containing an order under subsection (3AH) above shall |
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| | not be made unless a draft of the instrument has been laid before and approved by |
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| | resolution of each House of Parliament.’. |
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| Clause 14, page 30, leave out lines 35 to 38. |
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| Clause 19, page 60, line 18, leave out subsection (5) and insert— |
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| | ‘(5) | A statutory instrument containing an order under subsection (4) above shall not |
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| | be made unless a draft of the instrument has been laid before and approved by |
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| | resolution of each House of Parliament.’. |
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| Clause 20, page 60, line 22, at end insert ‘to report on its effectiveness and to make |
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| recommendations on the use of DNA profiles.’. |
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| Clause 20, page 60, line 23, leave out ‘publish’ and insert ‘lay before Parliament’. |
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| Clause 20, page 60, line 24, at end insert ‘and its membership’. |
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| Clause 20, page 60, line 26, at end add ‘to Parliament’. |
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