Crime and Security Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Crime and Security Bill

Crime and Security Bill
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(l)
an offence under section 1 of the Protection of Children Act
1978;
(m)
an offence under section 1 of the Aviation Security Act 1982;
(n)
an offence under section 2 of the Child Abduction Act 1984;
(o)
an offence under section 9 of the Aviation and Maritime
5
Security Act 1990;
(p)
an offence under any of sections 1 to 19, 25, 26, 30 to 41, 47 to 50,
52, 53, 57 to 59, 61 to 67, 69 and 70 of the Sexual Offences Act
2003;
(q)
an offence under section 5 of the Domestic Violence, Crime and
10
Victims Act 2004;
(r)
an offence for the time being listed in section 41(1) of the
Counter-Terrorism Act 2008.
(3)
The Secretary of State may by order made by statutory instrument
amend subsection (2) above.
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(4)
A statutory instrument containing an order under subsection (3) above
shall not be made unless a draft of the instrument has been laid before,
and approved by resolution of, each House of Parliament.
(5)
In subsection (1)(b) above “ancillary offence”, in relation to an offence,
means—
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(a)
aiding, abetting, counselling or procuring the commission of
the offence;
(b)
an offence under Part 2 of the Serious Crime Act 2007
(encouraging or assisting crime) in relation to the offence
(including, in relation to times before the commencement of
25
that Part, an offence of incitement);
(c)
attempting or conspiring to commit the offence.”
Taking of fingerprints and samples: Northern Ireland
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Powers to take material in relation to offences
Fingerprinting
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(1)
In the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/
1341 (N.I.12)), in Article 61 (fingerprinting), after paragraph (5) there is
inserted—
“(5A)
The fingerprints of a person may be taken without the appropriate
consent if (before or after the coming into force of this paragraph) he
35
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
offence by the police; or
(b)
in any case, he has had his fingerprints taken in the course of
40
that investigation but paragraph (4A)(a) or (b) applies.”
(2)
In that Article, after paragraph (5A) (as inserted by subsection (1) above) there
is inserted—
“(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
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into force of this paragraph) 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
investigation of the offence by the police; or
(b)
he has had his fingerprints taken in the course of that
5
investigation but paragraph (4A)(a) or (b) applies.”
(3)
In that Article, for paragraph (6) there is substituted—
“(6)
Subject to this Article, the fingerprints of a person may be taken
without the appropriate consent if (before or after the coming into force
of this paragraph)—
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(a)
he has been convicted of a recordable offence, or
(b)
he has been given a caution in respect of a recordable offence
which, at the time of the caution, he has admitted, and

either of the conditions mentioned in paragraph (6ZA) is met.
(6ZA)
The conditions referred to in paragraph (6) are—
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(a)
the person has not had his fingerprints taken since he was
convicted or cautioned;
(b)
he has had his fingerprints taken since then but paragraph
(4A)(a) or (b) applies.
(6ZB)
Fingerprints may only be taken as specified in paragraph (6) with the
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authorisation of an officer of at least the rank of inspector.
(6ZC)
An officer may only give an authorisation under paragraph (6ZB) if the
officer is satisfied that taking the fingerprints is necessary to assist in
the prevention or detection of crime.
(6ZD)
Paragraph (6) shall not apply to a person who, in relation to a sentence
25
in respect of an offence, is released on licence under the Northern
Ireland (Sentences) Act 1998 (or has been so released and the licence has
lapsed).”
(4)
In that Article, for paragraph (8A) there is substituted—
“(8A)
Any power under this Article to take the fingerprints of a person
30
without the appropriate consent, if not otherwise specified to be
exercisable by a constable, shall be exercisable by a constable.”
Non-intimate samples
(5)
In Article 63 of that Order (non-intimate samples), after paragraph (3) there is
inserted—
35
“(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
paragraph) 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 a non-
40
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
(b)
in any case, he has had an non-intimate sample taken from him
in the course of that investigation but—
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(i)
it was not suitable for the same means of analysis, or

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(ii)
it proved insufficient.”
(6)
In that Article, for paragraph (3A) there is substituted—
“(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
5
a recordable offence or informed that he will be reported for such an
offence and—
(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
10
of that investigation but—
(i)
it was not suitable for the same means of analysis, or
(ii)
it proved insufficient; or
(c)
he has had a non-intimate sample taken from him in the course
of that investigation and—
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(i)
the sample has been destroyed pursuant to Article 64ZA
or any other enactment, and
(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.”
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(7)
In that Article (non-intimate samples), for paragraph (3B) there is substituted—
“(3B)
Subject to this Article, a non-intimate sample may be taken from a
person without the appropriate consent if (before or after the coming
into force of this paragraph)—
(a)
he has been convicted of a recordable offence, or
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(b)
he has been given a caution in respect of a recordable offence
which, at the time of the caution, he has admitted, and

either of the conditions mentioned in paragraph (3BA) is met.
(3BA)
The conditions referred to in paragraph (3B) are—
(a)
a non-intimate sample has not been taken from the person since
30
he was convicted or cautioned;
(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 paragraph
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(3B) with the authorisation of an officer of at least the rank of inspector.
(3BC)
An officer may only give an authorisation under paragraph (3BB) if the
officer is satisfied that taking the sample is necessary to assist in the
prevention or detection of crime.
(3BD)
Paragraph (3B) shall not apply to—
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(a)
a person convicted of an offence before 29 July 1996, unless the
offence is a qualifying offence by virtue of being—
(i)
an offence specified in any of paragraphs (a) to (n) of
Article 53A(2), or
(ii)
an ancillary offence, within the meaning given by
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Article 53A(4), in relation to such an offence;
(b)
a person given a caution before 29 July 1996;

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(c)
a person who, in relation to a sentence in respect of an offence,
is released on licence under the Northern Ireland (Sentences)
Act 1998 (or has been so released and the licence has lapsed).”
(8)
In that Article, paragraph (10) is repealed.
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Powers to take material in relation to offences outside Northern Ireland
5
Fingerprinting
(1)
In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order
1989 (fingerprinting), after paragraph (6C) there is inserted—
“(6D)
Subject to this Article, 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 Northern
Ireland the person has been convicted of an offence under that
law (whether before or after the coming into force of this
paragraph 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 Northern Ireland (whether or not it
constituted such an offence when the person was convicted);
and
(c)
either of the conditions mentioned in paragraph (6E) is met.
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(6E)
The conditions referred to in paragraph (6D)(c) are—
(a)
the person has not had his fingerprints taken on a previous
occasion under that paragraph;
(b)
he has had his fingerprints taken on a previous occasion under
that paragraph but paragraph (4A)(a) or (b) applies.
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(6F)
Fingerprints may only be taken as specified in paragraph (6D) with the
authorisation of an officer of at least the rank of inspector.
(6G)
An officer may only give an authorisation under paragraph (6F) if the
officer is satisfied that taking the fingerprints is necessary to assist in
the prevention or detection of crime.”
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Intimate samples
(2)
In Article 62 of that Order (intimate samples), after paragraph (2) there is
inserted—
“(2A)
An intimate sample may be taken from a person where—
(a)
two or more non-intimate samples suitable for the same means
35
of analysis have been taken from the person under Article
63(3D) (persons convicted of offences outside Northern Ireland
etc) but have proved insufficient;
(b)
a police officer of at least the rank of inspector authorises it to be
taken; and
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(c)
the appropriate consent is given.
(2B)
An officer may only give an authorisation under paragraph (2A) 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 Article, in paragraph (3), after “or (1A)” there is inserted “or (2A)”.
Non-intimate samples
(4)
In Article 63 of that Order (other samples), after paragraph (3C) there is
inserted—
“(3D)
Subject to this Article, a non-intimate sample may be taken without the
5
appropriate consent from a person who is a United Kingdom national
or resident if—
(a)
under the law in force in a country or territory outside Northern
Ireland the person has been convicted of an offence under that
law (whether before or after the coming into force of this
10
paragraph and whether or not he has been punished for it);
(b)
the act constituting the offence would constitute a qualifying
offence if done in Northern Ireland (whether or not it
constituted such an offence when the person was convicted);
and
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(c)
either of the conditions mentioned in paragraph (3E) is met.
(3E)
The conditions referred to in paragraph (3D) are—
(a)
the person has not had a non-intimate sample taken from him
on a previous occasion under that paragraph;
(b)
he has had such a sample taken from him on a previous
20
occasion under that paragraph but—
(i)
the sample was not suitable for the same means of
analysis, or
(ii)
it proved insufficient.
(3F)
A non-intimate sample may only be taken as specified in paragraph
25
(3D) with the authorisation of an officer of at least the rank of inspector.
(3G)
An officer may only give an authorisation under paragraph (3F) if the
officer is satisfied that taking the sample is necessary to assist in the
prevention or detection of crime.”
Interpretation
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(5)
In Article 53 of that Order (interpretation), in paragraph (1)—
(a)
after the definition of “non-intimate sample” there is inserted—
““offence”, in relation to any country or territory outside
Northern Ireland, includes an act punishable under the
law of that country or territory, however it is
35
described;”;
(b)
at the end there is inserted—
““United Kingdom national” means—
(a)
a British citizen, a British overseas territories
citizen, a British National (Overseas) or a British
40
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
that Act;
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“United Kingdom resident” means an individual who is
resident in the United Kingdom.”

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(6)
In that Article, at the end there is inserted—
“(4)
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 Northern
Ireland if—
(a)
a court exercising jurisdiction under the law of that country or
5
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
(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
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did the act charged against him in respect of the offence.”
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Information to be given on taking of material
Fingerprinting
(1)
In Article 61 of the Police and Criminal Evidence (Northern Ireland) Order
1989 (fingerprinting), for paragraph (7) there is substituted—
15
“(7)
Where a person’s fingerprints are taken without the appropriate
consent by virtue of any power conferred by this Article—
(a)
before the fingerprints are taken, the person shall be informed
of—
(i)
the reason for taking the fingerprints;
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(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
that the authorisation has been given; and
(b)
those matters shall be recorded as soon as practicable after the
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fingerprints are taken.”
(2)
In that Article, in paragraph (7A)—
(a)
for “paragraph (6A)”, in the first place, there is substituted “paragraph
(4AA), (6A)”;
(b)
in paragraph (a), for the words from “(or” to “constable)” there is
30
substituted “(or, where by virtue of paragraph (4AA), (6A) or (6BA) the
fingerprints are taken at a place other than a police station, the
constable taking the fingerprints)”.
(3)
In that Article, in paragraph (8) (requirement to record reason for taking
fingerprints on custody record), for “the reason for taking them” there is
35
substituted “the matters referred to in paragraph (7)(a)(i) to (iii)”.
Intimate samples
(4)
In Article 62 of that Order (intimate samples), for paragraphs (5) to (7A) there
is substituted—
“(5)
Before an intimate sample is taken from a person, an officer shall
40
inform him of the following—
(a)
the reason for taking the sample;
(b)
the fact that authorisation has been given and the provision of
this Article under which it has been given; and
(c)
if the sample was taken at a police station, the fact that the
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sample may be the subject of a speculative search.

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(6)
The reason referred to in paragraph (5)(a) must include, except in a case
where the intimate sample is taken under paragraph (2A), a statement
of the nature of the offence in which it is suspected that the person has
been involved.
(7)
After an intimate sample has been taken from a person, the following
5
shall be recorded as soon as practicable—
(a)
the matters referred to in paragraph (5)(a) and (b);
(b)
if the sample was taken at a police station, the fact that the
person has been informed as specified in paragraph (5)(c); and
(c)
the fact that the appropriate consent was given.”
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(5)
In that Article, in paragraph (8), the words “or (7A)” are repealed.
(6)
In the Police (Northern Ireland) Act 2003, in Part 2 of Schedule 2 (powers
exercisable by detention officers), in paragraph 16 (warnings about intimate
samples), for “Article 62(7A)(a)” there is substituted “Article 62(5)(c)”.
Non-intimate samples
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(7)
In Article 63 of the Police and Criminal Evidence (Northern Ireland) Order
1989 (non-intimate samples), for paragraphs (6) to (8A) there is substituted—
“(6)
Where a non-intimate sample is taken from a person without the
appropriate consent by virtue of any power conferred by this Article—
(a)
before the sample is taken, an officer shall inform him of—
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(i)
the reason for taking the sample;
(ii)
the power by virtue of which it is taken; and
(iii)
in a case where the authorisation of an officer is required
for the exercise of the power, the fact that the
authorisation has been given; and
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(b)
those matters shall be recorded as soon as practicable after the
sample is taken.
(7)
The reason referred to in paragraph (6)(a)(i) must include, except in a
case where the non-intimate sample is taken under paragraph (3B) or
(3D), a statement of the nature of the offence in which it is suspected
30
that the person has been involved.”
(8)
In that Article, in paragraph (9) (requirement to record matters on custody
record), for “paragraph (8), (8A) or (8B)” there is substituted “paragraph (6) or
(8B)”.
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Speculative searches
35
(1)
In Article 63A of the Police and Criminal Evidence (Northern Ireland) Order
1989 (supplementary), after paragraph (1D) there is inserted—
“(1E)
Where fingerprints or samples have been taken from any person under
Article 61(6) or 63(3B) (persons convicted etc), the fingerprints or
samples, or information derived from the samples, may be checked
40
against any of the fingerprints, samples or information mentioned in
paragraph (1)(a) or (b).
(1F)
Where fingerprints or samples have been taken from any person under
Article 61(6D), 62(2A) or 63(3D) (offences outside Northern Ireland),
the fingerprints or samples, or information derived from the samples,
45