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
50

(b)
may be renewed.
(5)
The reference in subsection (3) to the chief constable is a reference to the chief
constable of the police force—
(a)
of which the constable who took (or directed the taking of) the material
was a member, or
5
(b)
in the case of a DNA profile, of which the constable who took (or
directed the taking of) the sample from which the profile was derived
was a member.
(6)
Subsection (3) has effect despite any provision to the contrary in the 1995 Act.
(7)
The reference in subsection (2) to using material includes a reference to
10
allowing any check to be made against it and to disclosing it to any person.
(8)
In this section—
“the 1995 Act” is the Criminal Procedure (Scotland) Act 1995,
“DNA profile” means any information derived from a DNA sample,
“DNA sample” means any material that has come from a human body
15
and consists of or includes human cells,
“terrorist investigation” has the meaning given by section 32 of the
Terrorism Act 2000.
17
Material subject to the Terrorism Act 2000
(1)
Schedule 8 to the Terrorism Act 2000 (treatment of persons detained under
20
section 41 or Schedule 7 of that Act) is amended as follows.
(2)
For paragraph 14 there is substituted—
“14   (1)
This paragraph applies to—
(a)
fingerprints or samples taken under paragraph 10 or 12, and
(b)
a DNA profile derived from a DNA sample so taken.
25
      (2)
Material to which this paragraph applies may be retained after it has
fulfilled the purpose for which it was taken or derived.
      (3)
This paragraph is subject to paragraphs 14A to 14E.
14A   (1)
A DNA sample to which paragraph 14 applies must be destroyed—
(a)
as soon as a DNA profile has been derived from the sample,
30
or
(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 paragraph 14 applies must be destroyed
before the end of the period of 6 months beginning with the date on
35
which it was taken.
14B   (1)
This paragraph applies to material falling within sub-paragraph (2)
relating to a person who—
(a)
has no previous convictions or only one exempt conviction,
(b)
is detained under Schedule 7 or section 41, and
40
(c)
is aged 18 or over on the date he is detained.
      (2)
Material falls within this sub-paragraph if it is—
(a)
fingerprints taken from the person under paragraph 10, or

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(b)
a DNA profile derived from a DNA sample taken from the
person under paragraph 10 or 12.
      (3)
The material must be destroyed—
(a)
in the case of fingerprints, before the end of the period of 6
years beginning with the date on which the fingerprints were
5
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 which the profile was derived was taken (or, if the
profile was derived from more than one DNA sample, the
10
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
paragraph, the person is detained under Schedule 7 or section 41, the
material may be further retained until the end of the period of 6 years
beginning with the date the person is detained.
15
      (5)
This paragraph ceases to have effect in relation to the material if the
person is convicted of—
(a)
a recordable offence in England and Wales or Northern
Ireland, or
(b)
an offence in Scotland which is punishable by imprisonment,
20

before the material is required to be destroyed by virtue of this
paragraph.
14C   (1)
This paragraph applies to material falling within sub-paragraph (2)
relating to a person who—
(a)
has no previous convictions or only one exempt conviction,
25
(b)
is detained under Schedule 7, and
(c)
is aged under 18 on the date he is detained.
      (2)
Material falls within this sub-paragraph if it is—
(a)
fingerprints taken from the person under paragraph 10, or
(b)
a DNA profile derived from a DNA sample taken from the
30
person under paragraph 10 or 12.
      (3)
The material must be destroyed—
(a)
in the case of fingerprints, before the end of the period of 3
years beginning with the date on which the fingerprints were
taken,
35
(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 the first of those samples was taken).
40
      (4)
But if, before the material is required to be destroyed by virtue of this
paragraph, the person is detained under Schedule 7 or section 41—
(a)
where the person is aged 18 or over on the date he is detained,
the material may be further retained until the end of the
period of 6 years beginning with the date he is detained,
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(b)
where—
(i)
the person is detained under Schedule 7, and
(ii)
the person is aged under 18 on the date he is detained,

Crime and Security Bill
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the material may be further retained until the end of the
period of 3 years beginning with the date he is detained,
(c)
where—
(i)
the person is detained under section 41, and
(ii)
the person is aged under 16 on the date he is detained,
5

the material may be further retained until the end of the
period of 3 years beginning with the date the person is
detained,
(d)
where—
(i)
the person is detained under section 41, and
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(ii)
the person is aged 16 or 17 on the date he is detained,

the material may be further retained until the end of the
period of 6 years beginning with the date the person is
detained.
      (5)
This paragraph ceases to have effect in relation to the material if the
15
person is convicted of—
(a)
a recordable offence in England and Wales or Northern
Ireland, or
(b)
an offence in Scotland which is punishable by imprisonment,

before the material is required to be destroyed by virtue of this
20
paragraph.
14D   (1)
This paragraph applies to material falling within sub-paragraph (2)
relating to a person who—
(a)
has no previous convictions or only one exempt conviction,
(b)
is detained under section 41, and
25
(c)
is aged under 16 on the date he is detained.
      (2)
Material falls within this sub-paragraph if it is—
(a)
fingerprints taken from the person under paragraph 10, or
(b)
a DNA profile derived from a DNA sample taken from the
person under paragraph 10 or 12.
30
      (3)
The material must be destroyed—
(a)
in the case of fingerprints, before the end of the period of 3
years beginning with the date on which the fingerprints were
taken,
(b)
in the case of a DNA profile, before the end of the period of 3
35
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
40
paragraph, the person is detained under Schedule 7 or section 41—
(a)
where the person is aged 18 or over on the date he is detained,
the material may be further retained until the end of the
period of 6 years beginning with the date the person is
detained,
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(b)
where—
(i)
the person is detained under Schedule 7, and
(ii)
the person is aged under 18 on the date he is detained,

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the material may be further retained until the end of the
period of 3 years beginning with the date the person is
detained,
(c)
where—
(i)
the person is detained under section 41, and
5
(ii)
the person is aged under 16 on the date he is detained,

the material may be further retained until the end of the
period of 3 years beginning with the date the person is
detained,
(d)
where—
10
(i)
the person is detained under section 41, and
(ii)
the person is aged 16 or 17 on the date he is detained,

the material may be further retained until the end of the
period of 6 years beginning with the date the person is
detained.
15
      (5)
This paragraph ceases to have effect in relation to the material if the
person is convicted of—
(a)
a recordable offence in England and Wales or Northern
Ireland, or
(b)
an offence in Scotland which is punishable by imprisonment,
20

before the material is required to be destroyed by virtue of this
paragraph.
14E   (1)
This paragraph applies to material falling within sub-paragraph (2)
relating to a person who—
(a)
has no previous convictions or only one exempt conviction,
25
(b)
is detained under section 41, and
(c)
is aged 16 or 17 on the date he is detained.
      (2)
Material falls within this sub-paragraph if it is—
(a)
fingerprints taken from the person under paragraph 10, or
(b)
a DNA profile derived from a DNA sample taken from the
30
person under paragraph 10 or 12.
      (3)
The material must be destroyed—
(a)
in the case of fingerprints, before the end of the period of 6
years beginning with the date on which the fingerprints were
taken,
35
(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 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).
40
      (4)
But if, before the material is required to be destroyed by virtue of this
paragraph, the person is detained under Schedule 7 or section 41—
(a)
where the person is aged 18 or over on the date he is detained,
the material may be further retained until the end of the
period of 6 years beginning with the date the person is
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detained,
(b)
where—
(i)
the person is detained under Schedule 7, and

Crime and Security Bill
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(ii)
the person is aged under 18 on the date he is detained,

the material may be further retained until the end of the
period of 3 years beginning with the date the person is
detained,
(c)
where—
5
(i)
the person is detained under section 41, and
(ii)
the person is aged 16 or 17 on the date he is detained,

the material may be further retained until the end of the
period of 6 years beginning with the date the person is
detained.
10
      (5)
This paragraph ceases to have effect in relation to the material if the
person is convicted of—
(a)
a recordable offence in England and Wales or Northern
Ireland, or
(b)
an offence in Scotland which is punishable by imprisonment,
15

before the material is required to be destroyed by virtue of this
paragraph.
14F   (1)
For the purposes of paragraphs 14B to 14E—
(a)
a person has no previous convictions if the person has not
previously been convicted—
20
(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
25
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.
      (2)
In sub-paragraph (1), “qualifying offence” has—
30
(a)
in relation to a conviction in respect of a recordable offence
committed in England and Wales, the meaning given by
given by section 65A of the Police and Criminal Evidence Act
1984, and
(b)
in relation to a conviction in respect of a recordable offence
35
committed in Northern Ireland, the meaning given by Article
53A of the Police and Criminal Evidence (Northern Ireland)
Order 1989.
      (3)
For the purposes of paragraphs 14B to 14E, a person is to be treated
as having been convicted of an offence if—
40
(a)
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
(b)
he has been warned or reprimanded under section 65 of the
Crime and Disorder Act 1998 for the offence.
45
      (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
conviction for the purpose of any provision of those paragraphs
relating to an exempt, first or subsequent conviction.

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      (5)
Subject to the completion of any search by virtue of paragraph 14I(2)
that the responsible chief officer of police considers necessary or
desirable, material falling within any of paragraphs 14B to 14E must
be destroyed immediately if it appears to the chief officer that—
(a)
the arrest under section 41 was unlawful,
5
(b)
the taking of the fingerprints or DNA sample concerned was
unlawful,
(c)
the arrest under section 41 was based on mistaken identity, or
(d)
other circumstances relating to the arrest under section 41 or
the detention under Schedule 7 mean that it is appropriate to
10
destroy the material.
      (6)
“Responsible chief officer of police” means, in relation to fingerprints
or samples taken in England or Wales, or a DNA profile derived
from such a sample, the chief officer of police for the police area—
(a)
in which the samples or fingerprints were taken, or
15
(b)
in the case of a DNA profile, in which the samples from
which the DNA profile was derived were taken.
      (7)
“Responsible chief officer of police” means, in relation to fingerprints
or samples taken in Northern Ireland, or a DNA profile derived from
such a sample, the Chief Constable of the Police Service of Northern
20
Ireland.
14G   (1)
If the responsible chief officer of police determines that it is necessary
for fingerprints or a DNA profile to which paragraph 14 applies to be
retained for the purposes of national security—
(a)
the material is not required to be destroyed in accordance
25
with paragraphs 14B to 14E, and
(b)
paragraph 14I(3) does not apply to the material,

for as long as the determination has effect.
      (2)
A determination under sub-paragraph (1) has effect for a maximum
of two years beginning with the date on which the material would
30
otherwise be required to be destroyed, but a determination may be
renewed.
      (3)
“Responsible chief officer of police” means, in relation to fingerprints
taken in England or Wales, or a DNA profile derived from a sample
taken in England and Wales, the chief officer of police for the police
35
area—
(a)
in which the fingerprints were taken, or
(b)
in the case of a DNA profile, in which the sample from which
the DNA profile was derived was taken.
      (4)
“Responsible chief officer of police” means, in relation to fingerprints
40
taken in Northern Ireland, or a DNA profile derived from a sample
taken in Northern Ireland, the Chief Constable of the Police Service
of Northern Ireland.
14H   (1)
If fingerprints are required to be destroyed by virtue of any of
paragraphs 14B to 14E, any copies of the fingerprints must also be
45
destroyed.
      (2)
If a DNA profile is required to be destroyed by virtue of any of those
paragraphs, no copy may be kept except in a form which does not

Crime and Security Bill
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include information which identifies the person to whom the DNA
profile relates.
      (3)
Sub-paragraph (4) applies if a person makes a request to the
responsible chief officer of police to be notified when any of the
following material is destroyed under any of paragraphs 14A to
5
14E—
(a)
fingerprints or a sample taken in England or Wales, or
(b)
a DNA profile derived from such a sample.
      (4)
The responsible chief officer of police or a person authorised by the
chief officer or on the chief officer’s behalf must within 3 months of
10
the request issue the person with a certificate recording the
destruction.
      (5)
For the purposes of this paragraph “responsible chief officer of
police” means the chief officer of police for the police area—
(a)
in which the fingerprints were or sample was taken, or
15
(b)
in the case of a DNA profile, in which the sample from which
the DNA profile was derived was taken.
      (6)
Sub-paragraph (7) applies if a person makes a request to the Chief
Constable of the Police Service of Northern Ireland to be notified
when any of the following material is destroyed under any of
20
paragraphs 14A to 14E—
(a)
fingerprints or a sample taken in Northern Ireland, or
(b)
a DNA profile derived from such a sample.
      (7)
The Chief Constable or a person authorised by the Chief Constable
or on the Chief Constable’s behalf must within 3 months of the
25
request issue the person with a certificate recording the destruction.
14I   (1)
Any material to which paragraph 14 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,
30
(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
35
or of the person to whom the material relates.
      (2)
Subject to sub-paragraph (1), the material may be checked against—
(a)
other fingerprints or samples taken under paragraph 10 or 12
or a DNA profile derived from such a sample,
(b)
material to which paragraph 20(3) applies,
40
(c)
material to which section 18 of the Counter-Terrorism Act
2008 applies,
(d)
any of the fingerprints, samples and information mentioned
in section 63A(1)(a) and (b) of the Police and Criminal
Evidence Act 1984 (checking of fingerprints and samples),
45
and
(e)
any of the fingerprints, samples and information mentioned
in Article 63A(1)(a) and (b) of the Police and Criminal