Public Bill Committee: 28 January 2010

34

Crime and Security Bill, continued

(b)	such an appeal is brought and is withdrawn or finally determined without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.’.

Mr Douglas Hogg

69

Clause  14,  page  30,  line  27,  after ‘footwear’, insert ‘and if acquitted after a trial

before the end of the period of one year beginning from the date of that acquittal and

otherwise’.

Mr Douglas Hogg

70

Clause  14,  page  30,  line  28,  leave out ‘6’ and insert ‘3’.

Mr Douglas Hogg

71

Clause  14,  page  30,  line  30,  after ‘profile’, insert ‘and if acquitted after a trial

before the end of the period of one year beginning from the date of that acquittal and

otherwise’.

Mr Douglas Hogg

72

Clause  14,  page  30,  line  30,  leave out ‘6’ and insert ‘3’.

James Brokenshire

Andrew Rosindell

27

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

Mr Douglas Hogg

80

Clause  14,  page  31,  line  1,  leave out ‘or only one exempt conviction’.

Mr Douglas Hogg

81

Clause  14,  page  31,  line  3,  after ‘offence’, insert ‘and is not tried for or is acquitted

of that or of a related offence’.

Mr Douglas Hogg

82

Clause  14,  page  31,  line  10,  after ‘footwear’, insert ‘and if acquitted after a trial

before the end of one year beginning from the date of that trial or otherwise’.

Public Bill Committee: 28 January 2010

35

Crime and Security Bill, continued

Mr Douglas Hogg

83

Clause  14,  page  31,  line  13,  after ‘profile’, insert ‘and if acquitted after a trial

before the end of one year beginning from the date of that trial or otherwise’.

Mr Douglas Hogg

84

Clause  14,  page  32,  line  13,  leave out ‘or only one exempt conviction’.

Mr Douglas Hogg

85

Clause  14,  page  32,  line  14,  after ‘offence’, insert ‘and is not tried for or is

acquitted of that or of a related offence’.

Mr Douglas Hogg

86

Clause  14,  page  32,  line  21,  after ‘footwear’, insert ‘and if acquitted after a trial

before the end of one year beginning from the date of that acquittal or otherwise’.

Mr Douglas Hogg

87

Clause  14,  page  32,  line  24,  after ‘profile’, insert ‘and if acquitted after a trial

before the end of one year beginning from the date of that acquittal or otherwise’.

Mr Douglas Hogg

74

Clause  14,  page  33,  line  25,  leave out ‘or only one exempt conviction’.

Mr Douglas Hogg

75

Clause  14,  page  33,  line  26,  after ‘offence’, insert ‘and is not tried for or is

acquitted of that or a related offence’.

Mr Douglas Hogg

76

Clause  14,  page  33,  line  33,  after ‘footwear’, insert ‘and if acquitted after a trial

before the end of the period of one year beginning from the date of that trial or otherwise’.

Mr Douglas Hogg

77

Clause  14,  page  33,  line  34,  leave out ‘6’ and insert ‘3’.

Mr Douglas Hogg

78

Clause  14,  page  33,  line  36,  after ‘profile’, insert ‘and if acquitted after a trial

before the end of one year beginning from the date of the trial or otherwise’.

Mr Douglas Hogg

79

Clause  14,  page  33,  line  36,  leave out ‘6’ and insert ‘3’.

Public Bill Committee: 28 January 2010

36

Crime and Security Bill, continued

Mr Douglas Hogg

73

Clause  14,  page  34,  line  41,  leave out ‘5’ and insert ‘2’.

Mr David Hanson

37

Clause  14,  page  36,  line  38,  leave out ‘samples, fingerprints or impressions of

footwear’ and insert ‘fingerprints’.

Member’s explanatory statement

This amendment alters the substituted section 64ZK(4)(a) of PACE to remove the erroneous

reference to samples and impressions of footwear because this section is only intended to provide

for the retention for purposes of national security of DNA profiles and fingerprints and not samples

or impressions of footwear.

Mr David Hanson

38

Clause  15,  page  39,  line  7,  leave out ‘arrested for or’.

Member’s explanatory statement

This amendment alters the substituted article 64(5)(b) of PACE (NI) to remove the erroneous

repeated reference to an arrest under section 41 of the Terrorism Act 2000 as this is already

provided for under the substituted article 64(5)(a).

Mr David Hanson

39

Clause  16,  page  53,  line  8,  leave out ‘any material’ and insert ‘fingerprints or a

DNA profile’.

Member’s explanatory statement

This amendment narrows the scope of the provision allowing for longer periods of retention for

the purposes of national security so that it applies only to fingerprints and DNA profiles (as was

always the policy intention) - and not to samples.

Mr David Hanson

40

Clause  16,  page  53,  line  19,  leave out ‘or samples’.

Member’s explanatory statement

This amendment is consequential on amendment 39.

Mr David Hanson

41

Clause  16,  page  53,  line  20,  leave out ‘such a sample’ and insert ‘a sample taken in

England and Wales’.

Member’s explanatory statement

This amendment is consequential on amendment 39.

Mr David Hanson

42

Clause  16,  page  53,  line  21,  leave out ‘samples or’.

Member’s explanatory statement

Public Bill Committee: 28 January 2010

37

Crime and Security Bill, continued

This amendment is consequential on amendment 39.

Mr David Hanson

43

Clause  16,  page  53,  line  25,  leave out ‘or samples’.

Member’s explanatory statement

This amendment is consequential on amendment 39.

Mr David Hanson

44

Clause  16,  page  53,  line  26,  leave out ‘such a sample’ and insert ‘a sample taken in

Northern Ireland’.

Member’s explanatory statement

This amendment is consequential on amendment 39.

Mr David Hanson

45

Clause  18,  page  57,  line  12,  leave out ‘taken’ and insert ‘obtained or acquired’.

Member’s explanatory statement

This amendment corrects a drafting error. The material to which section 18 of the Counter-

Terrorism Act 2008 applies is that which is ‘obtained’ or ‘acquired’ by the law enforcement

authority - not necessarily that which the authority itself ‘takes’.

Mr David Hanson

46

Clause  18,  page  57,  line  41,  leave out ‘Commissioner of Police of the Metropolis’

and insert ‘responsible officer’.

Member’s explanatory statement

This amendment changes the person responsible for making a determination that it is necessary to

retain material held under section 18 of the Counter-Terrorism Act 2008 beyond the usual

retention period for the purposes of national security - from the Commissioner of the Metropolitan

Police Service to ‘the responsible officer’.

Mr David Hanson

47

Clause  18,  page  58,  line  3,  at end insert—

‘( )	“Responsible officer” means—

(a)	in relation to material obtained or acquired by a police force in England

and Wales, the chief officer of the police force;

(b)	in relation to material obtained or acquired by the Police Service of

Northern Ireland or the Police Service of Northern Ireland Reserve, the

Chief Constable of the Police Service of Northern Ireland;

(c)	in relation to material obtained or acquired by the Ministry of Defence

Police, the Chief Constable of the Ministry of Defence Police;

(d)	in relation to material obtained or acquired by the Royal Navy Police, the

Royal Military Police or the Royal Air Force Police, the Provost Marshal

for the police force which obtained or acquired the material;

(e)	in relation to material obtained or acquired by the British Transport

Police, the Chief Constable of the British Transport Police;

Public Bill Committee: 28 January 2010

38

Crime and Security Bill, continued

(f)	in relation to material obtained or acquired by the Serious Organised

Crime Agency, the Director General of the Serious Organised Crime

Agency;

(g)	in relation to material obtained or acquired by the Commissioners for Her

Majesty’s Revenue and Customs, any of those Commissioners.”’.

Member’s explanatory statement

This amendment defines who is the ‘responsible officer’ for the purposes of making a

determination about retention of material for the purposes of national security - it is the most

senior office or person in the law enforcement authority responsible for the material.

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’.

James Brokenshire

Andrew Rosindell

33

Clause  20,  page  60,  line  26,  at end add—

‘(3)	The National DNA Database Strategy Board shall also have responsibility for

monitoring the sharing of information held on the National DNA database with

Public Bill Committee: 28 January 2010

39

Crime and Security Bill, continued

other agencies and organisations and to make appropriate recommendations to

the Secretary of State.’.

James Brokenshire

Andrew Rosindell

21

Clause  44,  page  84,  line  27,  at end insert—

‘(1A)

Section [Stop and search power] extends to England and Wales and Scotland

only.’.

New Clauses

Stop and search power

James Brokenshire

Andrew Rosindell

NC1

To move the following Clause:—

‘(1)	If a police officer of or above the rank of sergeant reasonably believes—

(a)	that incidents involving serious violence may take place in any locality

in his police area, and that it is expedient to give an authorisation under

this section to prevent their occurrence, or

(b)

that—

(i)	an incident involving serious violence has taken place in

England and Wales in his police area;

(ii)	a dangerous instrument or offensive weapon used in the incident

is being carried in any locality in his police area by a person; and

(iii)

it is expedient to give an authorisation under this section to find

the instrument or weapon, or

(c)	that persons are carrying offensive weapons or dangerous instruments

without good reason in any locality in his police area,

he may give an authorisation that the powers conferred by this section are to be

exercisable at any place within that locality for a specified period not

exceeding—

(a)	six hours in the case of an officer of the rank of sergeant; and

(b)	24 hours in the case of an officer of the rank of inspector or above.

(2)	If it appears to an officer of or above the rank of superintendent that it is expedient

to do so, having regard to—

(a)	the need to prevent injury or loss of life;

(b)	offences which have, or are reasonably suspected to have, been

committed in connection with any activity falling within the

authorisation; and

(c)	all relevant information giving rise to the belief of the relevant police

officer described in subsection (1),

Public Bill Committee: 28 January 2010

40

Crime and Security Bill, continued

he may direct that the specified period during which the authorisation conferred

under subsection (1) shall be extended to a period not exceeding a maximum of

48 hours.

(3)	If a police officer gives an authorisation under subsection (1) he must, as soon as

it is practicable to do so, cause an officer of or above the rank of superintendent

to be informed.

(4)	This section confers on any constable in uniform power—

(a)	to stop any pedestrian and search him or anything carried by him for

offensive weapons or dangerous instruments;

(b)	to stop any vehicle and search the vehicle, its driver and any passenger

for offensive weapons or dangerous instruments.

(5)	A constable may, in the exercise of the powers conferred by subsection (4) above,

stop any person or vehicle and make any search he thinks fit whether or not he

has any grounds for suspecting that the person or vehicle is carrying weapons or

articles of that kind.

(6)	If in the course of a search under this section a constable discovers a dangerous

instrument or an article which he has reasonable grounds for suspecting to be an

offensive weapon, he may seize it.

(7)	A person who fails to stop, or to stop a vehicle when required to do so by a

constable in the exercise of his powers under this section shall be liable on

summary conviction to imprisonment for a term not exceeding one month or to a

fine not exceeding level 3 on the standard scale or both.

(8)	Any authorisation under this section shall be given in writing signed by the officer

giving it or, where that is not practicable, recorded in writing as soon as it is

practicable to do so and shall specify the grounds on which it is given and the

locality in which and the period during which the powers conferred by this section

are exercisable; and any oral authorisation must be recorded in writing as soon as

it is practicable to do so.

(9)	The preceding provisions of this section, so far as they relate to an authorisation

by a member of the British Transport Police Force (including one who for the

time being has the same powers and privileges as a member of a police force for

a police area), shall have effect as if the references to a locality in his police area

were references to any locality in or in the vicinity of any police premises, or to

the whole or any part of any such premises.

(10)	Where a vehicle is stopped by a constable under this section, the driver shall be

entitled to obtain a written statement that the vehicle was stopped under the

powers conferred by this section if he applies for such a statement not later than

the end of the period of 12 months from the day on which the vehicle was stopped.

(11)	A person who is searched by a constable under this section shall be entitled to

obtain a written statement that he was searched under the powers conferred by

this section if he applies for such a statement not later than the end of the period

of 12 months from the day on which he was searched.

(12)	Where a constable has carried out a search in the exercise of the power under

subsection (4) above he shall make a record of it in writing unless it is not

practicable to do so in which case he shall make such written record as soon as

practicable after the completion of the search.

(13)	Section 60 of the Criminal Justice and Public Order Act 1994 is hereby repealed.

(14)	In this section—

“British Transport Police Force” means the constables appointed under

section 53 of the British Transport Commission Act 1949;

“dangerous instruments” means instruments which have a blade or are

sharply pointed;

“locality” means any place or area not exceeding one square mile which at

the time of the authorisation under this section is given the public or any

---

Revised 28 January 2010