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
36


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
(ii)
the person is aged 16 or 17 at the time of the alleged
5
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 further recordable offence before the material is
10
required to be destroyed by virtue of this section.
64ZI
Sections 64ZB to 64ZH: supplementary provision
(1)
Any reference in section 64ZB or sections 64ZD to 64ZH to a person
being charged with an offence includes a reference to a person being
informed that he will be reported for an offence.
15
(2)
For the purposes of those sections—
(a)
a person has no previous convictions if the person has not
previously been convicted of a recordable offence, and
(b)
if the person has been previously convicted of a recordable
offence, the conviction is exempt if it is in respect of a recordable
20
offence other than a qualifying offence, committed when the
person is aged under 18.
(3)
For the purposes of those sections, a person is to be treated as having
been convicted of an offence if—
(a)
he has been given a caution in respect of the offence which, at
25
the time of the caution, he has admitted, or
(b)
he has been warned or reprimanded under section 65 of the
Crime and Disorder Act 1998 for the offence.
(4)
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
30
conviction for the purpose of any provision of those sections relating to
an exempt, first or subsequent conviction.
(5)
Subject to the completion of any speculative search that the responsible
chief officer of police considers necessary or desirable, material falling
within any of sections 64ZD to 64ZH must be destroyed immediately if
35
it appears to the chief officer that—
(a)
the arrest was unlawful,
(b)
the taking of the fingerprints, impressions of footwear or DNA
sample concerned was unlawful,
(c)
the arrest was based on mistaken identity, or
40
(d)
other circumstances relating to the arrest or the alleged offence
mean that it is appropriate to destroy the material.
(6)
“Responsible chief officer of police” means the chief officer of police for
the police area—
(a)
in which the samples, fingerprints or impressions of footwear
45
were taken, or

Crime and Security Bill
37

(b)
in the case of a DNA profile, in which the sample from which
the DNA profile was derived was taken.
64ZJ
Destruction of fingerprints taken under section 61(6A)
Fingerprints taken from a person by virtue of section 61(6A) (taking
fingerprints for the purposes of identification) must be destroyed as
5
soon as they have fulfilled the purpose for which they were taken.
64ZK
Retention for purposes of national security
(1)
Subsection (2) applies if the responsible chief officer of police
determines that it is necessary for—
(a)
a DNA profile to which section 64 applies, or
10
(b)
fingerprints to which section 64 applies, other than fingerprints
taken under section 61(6A),

to be retained for the purposes of national security.
(2)
Where this subsection applies—
(a)
the material is not required to be destroyed in accordance with
15
sections 64ZB to 64ZH, and
(b)
section 64ZN(2) does not apply to the material,

for as long as the determination has effect.
(3)
A determination under subsection (1) has effect for a maximum of 2
years beginning with the date on which the material would otherwise
20
be required to be destroyed, but a determination may be renewed.
(4)
“Responsible chief officer of police” means the chief officer of police for
the police area—
(a)
in which the fingerprints were taken, or
(b)
in the case of a DNA profile, in which the sample from which
25
the DNA profile was derived was taken.
64ZL
Retention with consent
(1)
If a person consents in writing to the retention of fingerprints,
impressions of footwear or a DNA profile to which section 64 applies,
other than fingerprints taken under section 61(6A)—
30
(a)
the material is not required to be destroyed in accordance with
sections 64ZB to 64ZH, and
(b)
section 64ZN(2) does not apply to the material.
(2)
It is immaterial for the purposes of subsection (1) whether the consent
is given at, before or after the time when the entitlement to the
35
destruction of the material arises.
(3)
Consent given under this section can be withdrawn at any time.
64ZM
Destruction of copies, and notification of destruction
(1)
If fingerprints or impressions of footwear are required to be destroyed
by virtue of any of sections 64ZB to 64ZJ, any copies of the fingerprints
40
or impressions of footwear must also be destroyed.
(2)
If a DNA profile is required to be destroyed by virtue of any of those
sections, no copy may be kept except in a form which does not include

Crime and Security Bill
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information which identifies the person to whom the DNA profile
relates.
(3)
If a person makes a request to the responsible chief officer of police to
be notified when anything relating to the person is destroyed under
any of sections 64ZA to 64ZJ, the responsible chief officer of police or a
5
person authorised by the chief officer or on the chief officer’s behalf
must within three months of the request issue the person with a
certificate recording the destruction.
(4)
“Responsible chief officer of police” means the chief officer of police for
the police area—
10
(a)
in which the samples, fingerprints or impressions of footwear
which have been destroyed were taken, or
(b)
in the case of a DNA profile which has been destroyed, in which
the samples from which the DNA profile was derived were
taken.
15
64ZN
Use of retained material
(1)
Any material to which section 64 applies which is retained after it has
fulfilled the purpose for which it was taken or derived must not be used
other than—
(a)
in the interests of national security,
20
(b)
for the purposes of a terrorist investigation,
(c)
for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution, or
(d)
for purposes related to the identification of a deceased person or
of the person to whom the material relates.
25
(2)
Material which is required to be destroyed by virtue of any of sections
64ZA to 64ZJ, or of section 64ZM, must not at any time after it is
required to be destroyed be used—
(a)
in evidence against the person to whom the material relates, or
(b)
for the purposes of the investigation of any offence.
30
(3)
In this section—
(a)
the reference to using material includes a reference to allowing
any check to be made against it and to disclosing it to any
person,
(b)
the reference to crime includes a reference to any conduct
35
which—
(i)
constitutes one or more criminal offences (whether
under the law of a part of the United Kingdom or of a
country or territory outside the United Kingdom), or
(ii)
is, or corresponds to, any conduct which, if it all took
40
place in any one part of the United Kingdom, would
constitute one or more criminal offences, and
(c)
the references to an investigation and to a prosecution include
references, respectively, to any investigation outside the United
Kingdom of any crime or suspected crime and to a prosecution
45
brought in respect of any crime in a country or territory outside
the United Kingdom.”
(3)
In section 65 of that Act, in subsection (1)—

Crime and Security Bill
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(a)
after the definition of “appropriate consent” there is inserted—
““DNA profile” means any information derived from a
DNA sample;
“DNA sample” means any material that has come from a
human body and consists of or includes human cells;”;
5
(b)
after the definition of “terrorism” there is inserted—
““terrorist investigation” has the meaning given by section
32 of the Terrorism Act 2000.”
(4)
In that section, after subsection (2) there is inserted—
“(2A)
In subsection (2), the reference to the destruction of a sample does not
10
include a reference to the destruction of a sample under section 64ZA
(requirement to destroy samples).”
15
Material subject to the Police and Criminal Evidence (Northern Ireland)
Order 1989
(1)
For Article 64 of the Police and Criminal Evidence (Northern Ireland) Order
15
1989 (S.I. 1989/1341 (N.I.12)) (destruction of fingerprints and samples) there is
substituted—
“64
Retention of samples and fingerprints, etc generally
(1)
This Article applies to the following material—
(a)
fingerprints, samples or impressions of footwear—
20
(i)
taken from a person under any power conferred by this
Part of this Order, or
(ii)
taken in connection with the investigation of an offence
with the consent of the person from whom they were
taken, and
25
(b)
a DNA profile derived from a DNA sample falling within
paragraph (a).
(2)
Material to which this Article applies may be retained after it has
fulfilled the purpose for which it was taken or derived.
(3)
This Article is subject to Articles 64ZA to 64ZJ.
30
(4)
This Article and Articles 64ZA to 64ZH do not apply to material to
which paragraph 14 of Schedule 8 to the Terrorism Act 2000 applies.
(5)
Any reference in those Articles to a person being arrested for or
charged with an offence does not include a reference to a person—
(a)
being arrested under section 41 of the Terrorism Act 2000, or
35
(b)
being charged with an offence following an arrest under that
section.
(6)
Nothing in this Article, or Articles 64ZA to 64ZN, affects any power
conferred by—
(a)
paragraph 18(2) of Schedule 2 to the Immigration Act 1971
40
(power to take reasonable steps to identify a person detained),
or
(b)
section 20 of the Immigration and Asylum Act 1999 (disclosure
of police information to the Secretary of State for use for
immigration purposes).”
45

Crime and Security Bill
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(2)
After Article 64 of that Order (as substituted by subsection (1) above) there is
inserted—
“64ZA
Destruction of samples
(1)
A DNA sample to which Article 64 applies must be destroyed—
(a)
as soon as a DNA profile has been derived from the sample, or
5
(b)
if sooner, before the end of the period of 6 months beginning
with the date on which the sample was taken.
(2)
Any other sample to which Article 64 applies must be destroyed before
the end of the period of 6 months beginning with the date on which it
was taken.
10
64ZB
Destruction of data given voluntarily
(1)
This Article applies to—
(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
15
(b)
a DNA profile derived from a DNA sample taken in connection
with the investigation of an offence with the consent of the
person from whom the sample was taken.
(2)
Material to which this Article applies must be destroyed as soon as it
has fulfilled the purpose for which it was taken or derived, unless it is—
20
(a)
material relating to a person who is convicted of the offence,
(b)
material relating to a person who has previously been convicted
of a recordable offence, other than a person who has only one
exempt conviction,
(c)
material in relation to which any of Articles 64ZC to 64ZH
25
applies, or
(d)
material which is not required to be destroyed by virtue of
consent given under Article 64ZL.
(3)
If material to which this Article applies leads to the person to whom the
material relates being arrested for or charged with an offence other than
30
the offence under investigation—
(a)
the material is not required to be destroyed by virtue of this
Article, and
(b)
Articles 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
35
derived from material taken) in connection with the
investigation of the offence in respect of which the person is
arrested or charged.
64ZC
Destruction of data relating to a person subject to a control order
(1)
This Article applies to material falling within paragraph (2) relating to
40
a person who—
(a)
has no previous convictions or only one exempt conviction, and
(b)
is subject to a control order.
(2)
Material falls within this paragraph if it is—
(a)
fingerprints taken from the person, or
45

Crime and Security Bill
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(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
beginning with the date on which the person ceases to be subject to a
control order.
5
(4)
This Article 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
offence, or
(b)
in Scotland of an offence which is punishable by imprisonment,
10

before the material is required to be destroyed by virtue of this Article.
(5)
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
15
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
20
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.
(6)
For the purposes of that paragraph—
(a)
a person is to be treated as having been convicted of an offence
25
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
30
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.
(7)
In this Article—
35
(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
40
meaning given by section 65A of that Act.
64ZD
Destruction of data relating to persons not convicted
(1)
This Article applies to material falling within paragraph (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 recordable offence, and
(c)
is aged 18 or over at the time of the alleged offence.

Crime and Security Bill
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(2)
Material falls within this paragraph 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—
5
(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
10
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
Article, the person is arrested for or charged with a recordable offence
15
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 Article 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
destroyed by virtue of this Article.
20
64ZE
Destruction of data relating to persons under 18 not convicted:
recordable offences other than qualifying offences
(1)
This Article applies to material falling within paragraph (2) relating to
a person who—
(a)
has no previous convictions or only one exempt conviction,
25
(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 paragraph if it is—
(a)
fingerprints or impressions of footwear taken from the person
30
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 3 years beginning with the date on which
35
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
derived from more than one DNA sample, the date on which
40
the first of those samples was taken).
(4)
But if, before the material is required to be destroyed by virtue of this
Article, 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
45
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—