House of Commons Public Bill Committee Proceedings

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

15

House of Commons

Thursday 4 February 2010

Public Bill Committee Proceedings

Crime and Security Bill

[seventh and eighth Sittings]

James Brokenshire

Andrew Rosindell

Withdrawn  148

Clause  14,  page  30,  line  7,  after ‘fingerprints’, insert ‘or impressions of footwear’.

Mr David Hanson

Agreed to  128

Clause  14,  page  30,  line  14,  leave out ‘of a recordable offence’ and insert—

‘(a)
in England and Wales or Northern Ireland of a recordable offence, or

(b)
in Scotland of an offence which is punishable by imprisonment,’.

Mr David Hanson

Agreed to  129

Clause  14,  page  30,  line  15,  at end insert—

‘( )
For the purposes of subsection (1)—

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

been convicted—

(i)
in England and Wales or Northern Ireland of a recordable

offence, or

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

and

(b)
if the person has been previously 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.

( )
For the purposes of that subsection—

(a)
a person is to be treated as having been convicted of an offence if—

(i)
he has been given a caution in England and Wales or Northern

Ireland in respect of the offence which, at the time of the caution,

he has admitted, or

(ii)
he has been warned or reprimanded under section 65 of the

Crime and Disorder Act 1998 for the offence, and

Public Bill Committee Proceedings: 4 February 2010
16

Crime and Security Bill, continued

(b)
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.’.

( )
In this section—

(a)
“recordable offence” has, in relation to a conviction in Northern Ireland,

the meaning given by Article 2(2) of the Police and Criminal Evidence

(Northern Ireland) Order 1989, and

(b)
“qualifying offence” has, in relation to a conviction in respect of a

recordable offence committed in Northern Ireland, the meaning given by

Article 53A of that Order.’.

Mr Douglas Hogg

James Brokenshire

Andrew Rosindell

Withdrawn  99

Clause  14,  page  30,  line  19,  leave out ‘or only one exempt conviction’.

Mr Douglas Hogg

Not called  68

Clause  14,  page  30,  line  20,  after ‘offence’, insert ‘and is not tried for or is

acquitted of that or a related offence’.

James Brokenshire

Andrew Rosindell

Negatived on division  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 of 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 of 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”; or

(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.

Public Bill Committee Proceedings: 4 February 2010
17

Crime and Security Bill, continued

(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—

(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.’.

Mr Douglas Hogg

Not called  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

Not called  70

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

Mr Douglas Hogg

Not called  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

Not called  72

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

James Brokenshire

Andrew Rosindell

Not called  27

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

Public Bill Committee Proceedings: 4 February 2010
18

Crime and Security Bill, continued

James Brokenshire

Andrew Rosindell

Withdrawn  150

Clause  14,  page  30,  line  42,  leave out from beginning to end of line 27 on page 35.

Mr Douglas Hogg

Not called  80

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

Mr Douglas Hogg

Not called  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

Not called  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’.

Mr Douglas Hogg

Not called  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

Not called  84

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

Mr Douglas Hogg

Not called  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

Not called  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

Not called  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

Not called  74

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

Mr Douglas Hogg

Not called  75

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

acquitted of that or a related offence’.

Public Bill Committee Proceedings: 4 February 2010
19

Crime and Security Bill, continued

Mr Douglas Hogg

Not called  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

Not called  77

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

Mr Douglas Hogg

Not called  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

Not called  79

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

Mr Douglas Hogg

Not called  73

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

Mr David Hanson

Agreed to  130

Clause  14,  page  35,  line  29,  leave out ‘sections 64ZB’ and insert ‘section 64ZB, or

sections 64ZD’.

James Brokenshire

Andrew Rosindell

Withdrawn  151

Clause  14,  page  36,  leave out lines 21 to 41.

Mr David Hanson

Agreed to  37

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

footwear’ and insert ‘fingerprints’.

James Brokenshire

Andrew Rosindell

Withdrawn  152

Clause  14,  page  38,  leave out lines 4 to 16.

Tom Brake

Mr Mark Oaten

Chris Huhne

Not selected  103

Page  28,  line  20,  leave out Clause 14.

Clause Agreed to on division.

Public Bill Committee Proceedings: 4 February 2010
20

Crime and Security Bill, continued

Mr David Hanson

Agreed to  38

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

Mr David Hanson

Agreed to  131

Clause  15,  page  40,  line  24,  leave out ‘of a recordable offence’ and insert—

‘(a)
in England and Wales or Northern Ireland of a recordable offence, or

(b)
in Scotland of an offence which is punishable by imprisonment,’.

Mr David Hanson

Agreed to  132

Clause  15,  page  40,  line  25,  at end insert—

‘( )
For the purposes of paragraph (1)—

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

been convicted—

(i)
in England and Wales or Northern Ireland of a recordable

offence, or

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

and

(b)
if the person has been previously 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.

( )
For the purposes of that paragraph—

(a)
a person is to be treated as having been convicted of an offence if—

(i)
he has been given a caution in England and Wales or Northern

Ireland in respect of the offence which, at the time of the caution,

he has admitted, or

(ii)
he has been warned or reprimanded under section 65 of the

Crime and Disorder Act 1998 for the offence, and

(b)
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.

( )
In this Article—

(a)
“recordable offence” has, in relation to a conviction in England and

Wales, the meaning given by section 118(1) of the Police and Criminal

Evidence Act 1984, and

(b)
“qualifying offence” has, in relation to a conviction in respect of a

recordable offence committed in England and Wales, the meaning given

by section 65A of that Act.’.

Mr David Hanson

Agreed to  133

Clause  15,  page  45,  line  38,  after ‘Article 64ZB’ insert ‘, or Articles 64ZD’.

Tom Brake

Mr Mark Oaten

Chris Huhne

Not selected  104

Page  38,  line  30,  leave out Clause 15.

Public Bill Committee Proceedings: 4 February 2010
21

Crime and Security Bill, continued

Clause Agreed to on division.

Mr David Hanson

Agreed to  114

Clause  16,  page  49,  line  15,  after ‘Ireland’, insert ‘, or

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

Mr David Hanson

Agreed to  115

Clause  16,  page  50,  line  12,  after ‘Ireland’, insert ‘, or

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

Mr David Hanson

Agreed to  116

Clause  16,  page  51,  line  12,  after ‘Ireland’, insert ‘, or

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

Mr David Hanson

Agreed to  117

Clause  16,  page  52,  line  6,  after ‘Ireland’, insert ‘, or

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

Mr David Hanson

Agreed to  118

Clause  16,  page  52,  line  11,  after ‘offence,’, insert ‘or

( )
in Scotland of an offence which is punishable by imprisonment,’.

Mr David Hanson

Agreed to  119

Clause  16,  page  52,  line  12,  leave out ‘so’.

Mr David Hanson

Agreed to  120

Clause  16,  page  52,  line  13,  after ‘offence’, insert ‘in England and Wales or

Northern Ireland’.

Mr David Hanson

Agreed to  121

Clause  16,  page  52,  line  27,  after ‘caution’, insert ‘in England and Wales or

Northern Ireland’.

Mr David Hanson

Agreed to  39

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

DNA profile’.



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