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
29

(6)
Nothing in this section, or sections 64ZA to 64ZN, affects any power
conferred by—
(a)
paragraph 18(2) of Schedule 2 to the Immigration Act 1971
(power to take reasonable steps to identify a person detained),
or
5
(b)
section 20 of the Immigration and Asylum Act 1999 (disclosure
of police information to the Secretary of State for use for
immigration purposes).”
(2)
After section 64 of that Act (as substituted by subsection (1) above) there is
inserted—
10
“64ZA
Destruction of samples
(1)
A DNA sample to which section 64 applies must be destroyed—
(a)
as soon as a DNA profile has been derived from the sample, or
(b)
if sooner, before the end of the period of 6 months beginning
with the date on which the sample was taken.
15
(2)
Any other sample to which section 64 applies must be destroyed before
the end of the period of 6 months beginning with the date on which it
was taken.
64ZB
Destruction of data given voluntarily
(1)
This section applies to—
20
(a)
fingerprints or impressions of footwear taken in connection
with the investigation of an offence with the consent of the
person from whom they were taken, and
(b)
a DNA profile derived from a DNA sample taken in connection
with the investigation of an offence with the consent of the
25
person from whom the sample was taken.
(2)
Material to which this section applies must be destroyed as soon as it
has fulfilled the purpose for which it was taken or derived, unless it is—
(a)
material relating to a person who is convicted of the offence,
(b)
material relating to a person who has previously been convicted
30
of a recordable offence, other than a person who has only one
exempt conviction,
(c)
material in relation to which any of sections 64ZC to 64ZH
applies, or
(d)
material which is not required to be destroyed by virtue of
35
consent given under section 64ZL.
(3)
If material to which this section applies leads to the person to whom the
material relates being arrested for or charged with an offence other than
the offence under investigation—
(a)
the material is not required to be destroyed by virtue of this
40
section, and
(b)
sections 64ZD to 64ZH have effect in relation to the material as
if the material was taken (or, in the case of a DNA profile, was
derived from material taken) in connection with the
investigation of the offence in respect of which the person is
45
arrested or charged.

Crime and Security Bill
30

64ZC
Destruction of data relating to a person subject to a control order
(1)
This section applies to material falling within subsection (2) relating to
a person who—
(a)
has no previous convictions or only one exempt conviction, and
(b)
is subject to a control order.
5
(2)
Material falls within this subsection if it is—
(a)
fingerprints taken from the person, or
(b)
a DNA profile derived from a DNA sample taken from the
person.
(3)
The material must be destroyed before the end of the period of 2 years
10
beginning with the date on which the person ceases to be subject to a
control order.
(4)
This section ceases to have effect in relation to the material if the person
is convicted—
(a)
in England and Wales or Northern Ireland of a recordable
15
offence, or
(b)
in Scotland of an offence which is punishable by imprisonment,

before the material is required to be destroyed by virtue of this section.
(5)
For the purposes of subsection (1)—
(a)
a person has no previous convictions if the person has not
20
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
25
(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.
30
(6)
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
35
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
40
single conviction.
(7)
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
45
(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.

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64ZD
Destruction of data relating to persons not convicted
(1)
This section applies to material falling within subsection (2) relating to
a person who—
(a)
has no previous convictions or only one exempt conviction,
(b)
is arrested for or charged with a recordable offence, and
5
(c)
is aged 18 or over at the time of the alleged offence.
(2)
Material falls within this subsection if it is—
(a)
fingerprints or impressions of footwear taken from the person
in connection with the investigation of the offence, or
(b)
a DNA profile derived from a DNA sample so taken.
10
(3)
The material must be destroyed—
(a)
in the case of fingerprints or impressions of footwear, before the
end of the period of 6 years beginning with the date on which
the fingerprints or impressions were taken,
(b)
in the case of a DNA profile, before the end of the period of 6
15
years beginning with the date on which the DNA sample from
which the 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).
(4)
But if, before the material is required to be destroyed by virtue of this
20
section, the person is arrested for or charged with a recordable offence
the material may be further retained until the end of the period of 6
years beginning with the date of the arrest or charge.
(5)
This section ceases to have effect in relation to the material if the person
is convicted of a recordable offence before the material is required to be
25
destroyed by virtue of this section.
64ZE
Destruction of data relating to persons under 18 not convicted:
recordable offences other than qualifying offences
(1)
This section applies to material falling within subsection (2) relating to
a person who—
30
(a)
has no previous convictions or only one exempt conviction,
(b)
is arrested for or charged with a recordable offence other than a
qualifying offence, and
(c)
is aged under 18 at the time of the alleged offence.
(2)
Material falls within this subsection if it is—
35
(a)
fingerprints or impressions of footwear taken from the person
in connection with the investigation of the offence, or
(b)
a DNA profile derived from a DNA sample so taken.
(3)
The material must be destroyed—
(a)
in the case of fingerprints or impressions of footwear, before the
40
end of the period of 3 years beginning with the date on which
the fingerprints or impressions were taken,
(b)
in the case of a DNA profile, before the end of the period of 3
years beginning with the date on which the DNA sample from
which the profile was derived was taken (or, if the profile was
45
derived from more than one DNA sample, the date on which
the first of those samples was taken).

Crime and Security Bill
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(4)
But if, before the material is required to be destroyed by virtue of this
section, the person is arrested for or charged with a recordable
offence—
(a)
where the person is aged 18 or over at the time of the alleged
offence, the material may be further retained until the end of the
5
period of 6 years beginning with the date of the arrest or charge,
(b)
where—
(i)
the alleged offence is not a qualifying offence, and
(ii)
the person is aged under 18 at the time of the alleged
offence,
10

the material may be further retained until the end of the period
of 3 years beginning with the date of the arrest or charge,
(c)
where—
(i)
the alleged offence is a qualifying offence, and
(ii)
the person is aged under 16 at the time of the alleged
15
offence,

the material may be further retained until the end of the period
of 3 years beginning with the date of the arrest or charge,
(d)
where—
(i)
the alleged offence is a qualifying offence, and
20
(ii)
the person is aged 16 or 17 at the time of the alleged
offence,

the material may be further retained until the end of the period
of 6 years beginning with the date of the arrest or charge,
(e)
where—
25
(i)
the person is convicted of the offence,
(ii)
the offence is not a qualifying offence,
(iii)
the person is aged under 18 at the time of the offence,
and
(iv)
the person has no previous convictions,
30

the material may be further retained until the end of the period
of 5 years beginning with the date of the arrest or charge.
(5)
This section ceases to have effect in relation to the material if, before the
material is required to be destroyed by virtue of this section, the
person—
35
(a)
is convicted of a recordable offence and is aged 18 or over at the
time of the offence,
(b)
is convicted of a qualifying offence, or
(c)
having a previous exempt conviction, is convicted of a
recordable offence.
40
64ZF
Destruction of data relating to persons under 16 not convicted:
qualifying offences
(1)
This section applies to material falling within subsection (2) relating to
a person who—
(a)
has no previous convictions or only one exempt conviction,
45
(b)
is arrested for or charged with a qualifying offence, and
(c)
is aged under 16 at the time of the alleged offence.
(2)
Material falls within this subsection if it is—

Crime and Security Bill
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(a)
fingerprints or impressions of footwear taken from the person
in connection with the investigation of the offence, or
(b)
a DNA profile derived from a DNA sample so taken.
(3)
The material must be destroyed—
(a)
in the case of fingerprints or impressions of footwear, before the
5
end of the period of 3 years beginning with the date on which
the fingerprints or impressions were taken,
(b)
in the case of a DNA profile, before the end of the period of 3
years beginning with the date on which the DNA sample from
which the profile was derived was taken (or, if the profile was
10
derived from more than one DNA sample, the date on which
the first of those samples was taken).
(4)
But if, before the material is required to be destroyed by virtue of this
section, the person is arrested for or charged with a recordable
offence—
15
(a)
where the person is aged 18 or over at the time of the alleged
offence, the material may be further retained until the end of the
period of 6 years beginning with the date of the arrest or charge,
(b)
where—
(i)
the alleged offence is not a qualifying offence, and
20
(ii)
the person is aged under 18 at the time of the alleged
offence,

the material may be further retained until the end of the period
of 3 years beginning with the date of the arrest or charge,
(c)
where—
25
(i)
the alleged offence is a qualifying offence, and
(ii)
the person is aged under 16 at the time of the alleged
offence,

the material may be further retained until the end of the period
of 3 years beginning with the date of the arrest or charge,
30
(d)
where—
(i)
the alleged offence is a qualifying offence, and
(ii)
the person is aged 16 or 17 at the time of the alleged
offence,

the material may be further retained until the end of the period
35
of 6 years beginning with the date of the arrest or charge,
(e)
where—
(i)
the person is convicted of the offence,
(ii)
the offence is not a qualifying offence,
(iii)
the person is aged under 18 at the time of the offence,
40
and
(iv)
the person has no previous convictions,

the material may be further retained until the end of the period
of 5 years beginning with the date of the arrest or charge.
(5)
This section ceases to have effect in relation to the material if, before the
45
material is required to be destroyed by virtue of this section, the
person—
(a)
is convicted of a recordable offence and is aged 18 or over at the
time of the offence,

Crime and Security Bill
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(b)
is convicted of a qualifying offence, or
(c)
having a previous exempt conviction, is convicted of a
recordable offence.
64ZG
Destruction of data relating to persons aged 16 or 17 not convicted:
qualifying offences
5
(1)
This section applies to material falling within subsection (2) relating to
a person who—
(a)
has no previous convictions or only one exempt conviction,
(b)
is arrested for or charged with a qualifying offence, and
(c)
is aged 16 or 17 at the time of the alleged offence.
10
(2)
Material falls within this subsection if it is—
(a)
fingerprints or impressions of footwear taken from the person
in connection with the investigation of the offence, or
(b)
a DNA profile derived from a DNA sample so taken.
(3)
The material must be destroyed—
15
(a)
in the case of fingerprints or impressions of footwear, before the
end of the period of 6 years beginning with the date on which
the fingerprints or impressions were taken,
(b)
in the case of a DNA profile, before the end of the period of 6
years beginning with the date on which the DNA sample from
20
which the 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).
(4)
But if, before the material is required to be destroyed by virtue of this
section, the person is arrested for or charged with a recordable
25
offence—
(a)
where the person is aged 18 or over at the time of the alleged
offence, the material may be further retained until the end of the
period of 6 years beginning with the date of the arrest or charge,
(b)
where—
30
(i)
the alleged offence is not a qualifying offence, and
(ii)
the person is aged under 18 at the time of the alleged
offence,

the material may be further retained until the end of the period
of 3 years beginning with the date of the arrest or charge,
35
(c)
where—
(i)
the alleged offence is a qualifying offence, and
(ii)
the person is aged 16 or 17 at the time of the alleged
offence,

the material may be further retained until the end of the period
40
of 6 years beginning with the date of the arrest or charge,
(d)
where—
(i)
the person is convicted of the offence,
(ii)
the offence is not a qualifying offence,
(iii)
the person is aged under 18 at the time of the offence,
45
and
(iv)
the person has no previous convictions,

Crime and Security Bill
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the material may be further retained until the end of the period
of 5 years beginning with the date of the arrest or charge.
(5)
This section ceases to have effect in relation to the material if, before the
material is required to be destroyed by virtue of this section, the
person—
5
(a)
is convicted of a recordable offence and is aged 18 or over at the
time of the offence,
(b)
is convicted of a qualifying offence, or
(c)
having a previous exempt conviction, is convicted of a
recordable offence.
10
64ZH
Destruction of data relating to persons under 18 convicted of a
recordable offence other than a qualifying offence
(1)
This section applies to material falling within subsection (2) relating to
a person who—
(a)
has no previous convictions,
15
(b)
is convicted of a recordable offence other than a qualifying
offence, and
(c)
is aged under 18 at the time of the offence.
(2)
Material falls within this subsection if it is—
(a)
fingerprints or impressions of footwear taken from the person
20
in connection with the investigation of the offence, or
(b)
a DNA profile derived from a DNA sample so taken.
(3)
The material must be destroyed—
(a)
in the case of fingerprints or impressions of footwear, before the
end of the period of 5 years beginning with the date on which
25
the fingerprints or impressions were taken,
(b)
in the case of a DNA profile, before the end of the period of 5
years beginning with the date on which the DNA sample from
which the profile was derived was taken (or, if the profile was
derived from more than one DNA sample, the date on which
30
the first of those samples was taken).
(4)
But if, before the material is required to be destroyed by virtue of this
section, the person is arrested for or charged with a recordable
offence—
(a)
where the person is aged 18 or over at the time of the alleged
35
offence, the material may be further retained until the end of the
period of 6 years beginning with the date of the arrest or charge,
(b)
where—
(i)
the alleged offence is not a qualifying offence, and
(ii)
the person is aged under 18 at the time of the alleged
40
offence,

the material may be further retained until the end of the period
of 3 years beginning with the date of the arrest or charge,
(c)
where—
(i)
the alleged offence is a qualifying offence, and
45
(ii)
the person is aged under 16 at the time of the alleged
offence,