Crime and Security Bill

House of Commons

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Crime and Security Bill

Crime and Security Bill
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A
Bill
[AS AMENDED IN PUBLIC BILL COMMITTEE]
To
Make provision about police powers of stop and search; about the taking,
retention, destruction and use of evidential material; for the protection of
victims of domestic violence; about injunctions in respect of gang-related
violence; about anti-social behaviour orders; about the private security
industry; about possession of mobile telephones in prison; about air weapons;
for the compensation of victims of overseas terrorism; about licensing the sale
and supply of alcohol; about searches in relation to persons subject to control
orders; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Police powers of stop and search
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Records of searches
(1)
Section 3 of the Police and Criminal Evidence Act 1984 (duty to make records
concerning searches) is amended as follows.
(2)
In subsection (1), for “he shall make a record of it” there is substituted “a record
5
of the search shall be made”.
(3)
For subsection (2) there is substituted—
“(2)
If a record of a search is required to be made by subsection (1) above—
(a)
in a case where the search results in a person being arrested and
taken to a police station, the constable shall secure that the
10
record is made as part of the person’s custody record;
(b)
in any other case, the constable shall make the record on the
spot, or, if that is not practicable, as soon as practicable after the
completion of the search.”
(4)
Subsections (3) to (5) (record of search to include person’s name and
15
description of person or vehicle) are repealed.

Bill 73
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Crime and Security Bill
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(5)
In subsection (6)—
(a)
in paragraph (a), for sub-paragraphs (v) and (vi) there is substituted—
“(v)
except in the case of a search of an unattended vehicle, the
ethnic origins of the person searched or the person in charge of
the vehicle searched (as the case may be); and”;
5
(b)
in paragraph (b), for “making it” there is substituted “who carried out
the search”.
(6)
After subsection (6) there is inserted—
“(6A)
The requirement in subsection (6)(a)(v) above for a record to state a
person’s ethnic origins is a requirement to state—
10
(a)
the ethnic origins of the person as described by the person, and
(b)
if different, the ethnic origins of the person as perceived by the
constable.”
(7)
In subsection (7), for the words from the beginning to “it,” there is substituted
“If a record of a search of a person has been made under this section,”.
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(8)
In subsection (8), for paragraph (b) there is substituted—
“(b)
a record of the search of the vehicle has been made under this
section,”.
(9)
In subsection (9) (time within which copy of search may be requested) for “12
months” there is substituted “3 months”.
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Taking of fingerprints and samples: England and Wales
2
Powers to take material in relation to offences
Fingerprinting
(1)
In the Police and Criminal Evidence Act 1984, in section 61 (fingerprinting),
after subsection (5) there is inserted—
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“(5A)
The fingerprints of a person may be taken without the appropriate
consent if (before or after the coming into force of this subsection) he
has been arrested for a recordable offence and released and—
(a)
in the case of a person who is on bail, he has not had his
fingerprints taken in the course of the investigation of the
30
offence by the police; or
(b)
in any case, he has had his fingerprints taken in the course of
that investigation but subsection (3A)(a) or (b) above applies.”
(2)
In that section, after subsection (5A) (as inserted by subsection (1) above) there
is inserted—
35
“(5B)
The fingerprints of a person not detained at a police station may be
taken without the appropriate consent if (before or after the coming
into force of this subsection) he has been charged with a recordable
offence or informed that he will be reported for such an offence and—
(a)
he has not had his fingerprints taken in the course of the
40
investigation of the offence by the police; or
(b)
he has had his fingerprints taken in the course of that
investigation but subsection (3A)(a) or (b) above applies.”

Crime and Security Bill
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(3)
In that section, for subsection (6) there is substituted—
“(6)
Subject to this section, the fingerprints of a person may be taken
without the appropriate consent if (before or after the coming into force
of this subsection)—
(a)
he has been convicted of a recordable offence,
5
(b)
he has been given a caution in respect of a recordable offence
which, at the time of the caution, he has admitted, or
(c)
he has been warned or reprimanded under section 65 of the
Crime and Disorder Act 1998 for a recordable offence, and

either of the conditions mentioned in subsection (6ZA) below is met.
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(6ZA)
The conditions referred to in subsection (6) above are—
(a)
the person has not had his fingerprints taken since he was
convicted, cautioned or warned or reprimanded;
(b)
he has had his fingerprints taken since then but subsection
(3A)(a) or (b) above applies.
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(6ZB)
Fingerprints may only be taken as specified in subsection (6) above
with the authorisation of an officer of at least the rank of inspector.
(6ZC)
An officer may only give an authorisation under subsection (6ZB)
above if the officer is satisfied that taking the fingerprints is necessary
to assist in the prevention or detection of crime.”
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(4)
In that section, for subsection (8B) there is substituted—
“(8B)
Any power under this section to take the fingerprints of a person
without the appropriate consent, if not otherwise specified to be
exercisable by a constable, shall be exercisable by a constable.”
Non-intimate samples
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(5)
In section 63 of that Act (non-intimate samples), after subsection (3) there is
inserted—
“(3ZA)
A non-intimate sample may be taken from a person without the
appropriate consent if (before or after the coming into force of this
subsection) he has been arrested for a recordable offence and released
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and—
(a)
in the case of a person who is on bail, he has not had a non-
intimate sample of the same type and from the same part of the
body taken from him in the course of the investigation of the
offence by the police; or
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(b)
in any case, he has had an non-intimate sample taken from him
in the course of that investigation but—
(i)
it was not suitable for the same means of analysis, or
(ii)
it proved insufficient.”
(6)
In that section, for subsection (3A) there is substituted—
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“(3A)
A non-intimate sample may be taken from a person (whether or not he
is in police detention or held in custody by the police on the authority
of a court) without the appropriate consent if he has been charged with
a recordable offence or informed that he will be reported for such an
offence and—
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Crime and Security Bill
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(a)
he has not had a non-intimate sample taken from him in the
course of the investigation of the offence by the police; or
(b)
he has had a non-intimate sample taken from him in the course
of that investigation but—
(i)
it was not suitable for the same means of analysis, or
5
(ii)
it proved insufficient; or
(c)
he has had a non-intimate sample taken from him in the course
of that investigation and—
(i)
the sample has been destroyed pursuant to section 64ZA
below or any other enactment, and
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(ii)
it is disputed, in relation to any proceedings relating to
the offence, whether a DNA profile relevant to the
proceedings is derived from the sample.”
(7)
In that section, for subsection (3B) there is substituted—
“(3B)
Subject to this section, a non-intimate sample may be taken from a
15
person without the appropriate consent if (before or after the coming
into force of this subsection)—
(a)
he has been convicted of a recordable offence,
(b)
he has been given a caution in respect of a recordable offence
which, at the time of the caution, he has admitted, or
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(c)
he has been warned or reprimanded under section 65 of the
Crime and Disorder Act 1998 for a recordable offence, and

either of the conditions mentioned in subsection (3BA) below is met.
(3BA)
The conditions referred to in subsection (3B) above are—
(a)
a non-intimate sample has not been taken from the person since
25
he was convicted, cautioned or warned or reprimanded;
(b)
such a sample has been taken from him since then but—
(i)
it was not suitable for the same means of analysis, or
(ii)
it proved insufficient.
(3BB)
A non-intimate sample may only be taken as specified in subsection
30
(3B) above with the authorisation of an officer of at least the rank of
inspector.
(3BC)
An officer may only give an authorisation under subsection (3BB)
above if the officer is satisfied that taking the sample is necessary to
assist in the prevention or detection of crime.”
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(8)
In that section, in subsection (9A)—
(a)
after “shall not apply to” there is inserted “(a)”;
(b)
at the end there is inserted “; or
(b)
a person given a caution before 10th April 1995.”
(9)
In section 1 of the Criminal Evidence (Amendment) Act 1997 (persons
40
imprisoned or detained by virtue of pre-existing conviction for sexual offence
etc)—
(a)
in subsection (3)(b), at the beginning there is inserted “he has at any
time served or”;
(b)
in subsection (4)(b)—
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(i)
at the beginning there is inserted “he has at any time been
detained or”;

Crime and Security Bill
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(ii)
sub-paragraph (ii) and the preceding “or” are repealed.
(10)
In section 2 of that Act (persons detained following acquittal on grounds of
insanity or finding of unfitness to plead), in subsections (3)(a) and (4)(a), at the
beginning there is inserted “he has at any time been detained or”.
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Powers to take material in relation to offences outside England and Wales
5
Fingerprinting
(1)
In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting),
after subsection (6C) there is inserted—
“(6D)
Subject to this section, the fingerprints of a person who is a United
Kingdom national or resident may be taken without the appropriate
10
consent if—
(a)
under the law in force in a country or territory outside England
and Wales the person has been convicted of an offence under
that law (whether before or after the coming into force of this
subsection and whether or not he has been punished for it);
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(b)
the act constituting the offence would constitute a qualifying
offence if done in England and Wales (whether or not it
constituted such an offence when the person was convicted);
and
(c)
either of the conditions mentioned in subsection (6E) below is
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met.
(6E)
The conditions referred to in subsection (6D)(c) above are—
(a)
the person has not had his fingerprints taken on a previous
occasion under subsection (6D) above;
(b)
he has had his fingerprints taken on a previous occasion under
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that subsection but subsection (3A)(a) or (b) above applies.
(6F)
Fingerprints may only be taken as specified in subsection (6D) above
with the authorisation of an officer of at least the rank of inspector.
(6G)
An officer may only give an authorisation under subsection (6F) above
if the officer is satisfied that taking the fingerprints is necessary to assist
30
in the prevention or detection of crime.”
Intimate samples
(2)
In section 62 of that Act (intimate samples), after subsection (2) there is
inserted—
“(2A)
An intimate sample may be taken from a person where—
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(a)
two or more non-intimate samples suitable for the same means
of analysis have been taken from the person under section
63(3E) below (persons convicted of offences outside England
and Wales etc) but have proved insufficient;
(b)
a police officer of at least the rank of inspector authorises it to be
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taken; and
(c)
the appropriate consent is given.
(2B)
An officer may only give an authorisation under subsection (2A) above
if the officer is satisfied that taking the sample is necessary to assist in
the prevention or detection of crime.”
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(3)
In that section, in subsection (3), after “or (1A)” there is inserted “or (2A)”.
Non-intimate samples
(4)
In section 63 (non-intimate samples), after subsection (3D) there is inserted—
“(3E)
Subject to this section, a non-intimate sample may be taken without the
appropriate consent from a person who is a United Kingdom national
5
or resident if—
(a)
under the law in force in a country or territory outside England
and Wales the person has been convicted of an offence under
that law (whether before or after the coming into force of this
subsection and whether or not he has been punished for it);
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(b)
the act constituting the offence would constitute a qualifying
offence if done in England and Wales (whether or not it
constituted such an offence when the person was convicted);
and
(c)
either of the conditions mentioned in subsection (3F) below is
15
met.
(3F)
The conditions referred to in subsection (3E)(c) above are—
(a)
the person has not had a non-intimate sample taken from him
on a previous occasion under subsection (3E) above;
(b)
he has had such a sample taken from him on a previous
20
occasion under that subsection but—
(i)
the sample was not suitable for the same means of
analysis, or
(ii)
it proved insufficient.
(3G)
A non-intimate sample may only be taken as specified in subsection
25
(3E) above with the authorisation of an officer of at least the rank of
inspector.
(3H)
An officer may only give an authorisation under subsection (3G) above
if the officer is satisfied that taking the sample is necessary to assist in
the prevention or detection of crime.”
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Interpretation
(5)
In section 65 (interpretation), in subsection (1)—
(a)
after the definition of “non-intimate sample” there is inserted—
““offence”, in relation to any country or territory outside
England and Wales, includes an act punishable under
35
the law of that country or territory, however it is
described;”;
(b)
at the end there is inserted—
““United Kingdom national” means—
(a)
a British citizen, a British overseas territories
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citizen, a British National (Overseas) or a British
Overseas citizen;
(b)
a person who under the British Nationality Act
1984 is a British subject; or
(c)
a British protected person within the meaning of
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that Act;

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“United Kingdom resident” means an individual who is
resident in the United Kingdom.”
(6)
In that section, at the end there is inserted—
“(3)
For the purposes of this Part, a person has in particular been convicted
of an offence under the law of a country or territory outside England
5
and Wales if—
(a)
a court exercising jurisdiction under the law of that country or
territory has made in respect of such an offence a finding
equivalent to a finding that the person is not guilty by reason of
insanity; or
10
(b)
such a court has made in respect of such an offence a finding
equivalent to a finding that the person is under a disability and
did the act charged against him in respect of the offence.”
4
Information to be given on taking of material
Fingerprinting
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(1)
In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting), for
subsection (7) there is substituted—
“(7)
Where a person’s fingerprints are taken without the appropriate
consent by virtue of any power conferred by this section—
(a)
before the fingerprints are taken, the person shall be informed
20
of—
(i)
the reason for taking the fingerprints;
(ii)
the power by virtue of which they are taken; and
(iii)
in a case where the authorisation of the court or an
officer is required for the exercise of the power, the fact
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that the authorisation has been given; and
(b)
those matters shall be recorded as soon as practicable after the
fingerprints are taken.”
(2)
In that section, in subsection (7A)—
(a)
for “subsection (6A)”, in the first place, there is substituted “subsection
30
(4A), (6A)”;
(b)
in paragraph (a), for the words from “(or” to “constable)” there is
substituted “(or, where by virtue of subsection (4A), (6A) or (6BA) the
fingerprints are taken at a place other than a police station, the
constable taking the fingerprints)”.
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(3)
In that section, in subsection (8) (requirement to record reason for taking
fingerprints on custody record), for “the reason for taking them” there is
substituted “the matters referred to in subsection (7)(a)(i) to (iii) above”.
Intimate samples
(4)
In section 62 of that Act (intimate samples), for subsections (5) to (7A) there is
40
substituted—
“(5)
Before an intimate sample is taken from a person, an officer shall
inform him of the following—
(a)
the reason for taking the sample;