Crime and Security Bill

House of Commons

Session 2009 - 10
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Crime and Security Bill

Crime and Security Bill
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(b)
the fact that authorisation has been given and the provision of
this section under which it has been given; and
(c)
if the sample was taken at a police station, the fact that the
sample may be the subject of a speculative search.
(6)
The reason referred to in subsection (5)(a) above must include, except
5
in a case where the sample is taken under subsection (2A) above, 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
shall be recorded as soon as practicable—
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(a)
the matters referred to in subsection (5)(a) and (b) above;
(b)
if the sample was taken at a police station, the fact that the
person has been informed as specified in subsection (5)(c)
above; and
(c)
the fact that the appropriate consent was given.”
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(5)
In that section, in subsection (8), the words “or (7A)” are repealed.
(6)
In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by
detention officers), in paragraph 30 (warnings about intimate samples), for
“section 62(7A)(a)” there is substituted “section 62(5)(c)”.
Non-intimate samples
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(7)
In section 63 of the Police and Criminal Evidence Act 1984 (non-intimate
samples), for subsections (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 section—
(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 subsection (6)(a)(i) above must include, except
in a case where the non-intimate sample is taken under subsection (3B)
or (3E) above, a statement of the nature of the offence in which it is
35
suspected that the person has been involved.”
(8)
In that section, in subsection (9) (requirement to record matters on custody
record), for “subsection (8) or (8A) or (8B)” there is substituted “subsection (6)
or (8B)”.
5
Speculative searches
40
(1)
In section 63A of the Police and Criminal Evidence Act 1984 (supplementary),
after subsection (1D) there is inserted—
“(1E)
Where fingerprints or samples have been taken from any person under
section 61(6) or 63(3B) above (persons convicted etc), the fingerprints or
samples, or information derived from the samples, may be checked
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against any of the fingerprints, samples or information mentioned in
subsection (1)(a) or (b) above.
(1F)
Where fingerprints or samples have been taken from any person under
section 61(6D), 62(2A) or 63(3E) above (offences outside England and
Wales etc), the fingerprints or samples, or information derived from the
5
samples, may be checked against any of the fingerprints, samples or
information mentioned in subsection (1)(a) or (b) above”.
(2)
In Schedule 4 to the International Criminal Court Act 2001 (taking of
fingerprints or non-intimate samples), in paragraph 7(3)(a), after “section
63A(1)” there is inserted “, (1E) or (1F)”.
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6
Power to require attendance at police station
(1)
In section 63A of the Police and Criminal Evidence Act 1984 (fingerprinting
and samples: supplementary provisions), for subsections (4) to (8) there is
substituted—
“(4)
Schedule 2A (fingerprinting and samples: power to require attendance
15
at police station) shall have effect.”
(2)
In that Act, after Schedule 2 there is inserted—
“Schedule 2A
Section 63A(4)

Fingerprinting and samples: power to require attendance at police
station
20
Part 1
Fingerprinting
Persons arrested and released
1     (1)
A constable may require a person to attend a police station for the
purpose of taking his fingerprints under section 61(5A).
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      (2)
The power under sub-paragraph (1) above may not be exercised in a
case falling within section 61(5A)(b) (fingerprints taken on previous
occasion insufficient etc) after the end of the period of six months
beginning with the day on which the appropriate officer was
informed that section 61(3A)(a) or (b) applied.
30
      (3)
In sub-paragraph (2) above “appropriate officer” means the officer
investigating the offence for which the person was arrested.
Persons charged etc
2     (1)
A constable may require a person to attend a police station for the
purpose of taking his fingerprints under section 61(5B).
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      (2)
The power under sub-paragraph (1) above may not be exercised after
the end of the period of six months beginning with—
(a)
in a case falling within section 61(5B)(a) (fingerprints not
taken previously), the day on which the person was charged
or informed that he would be reported, or
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(b)
in a case falling within section 61(5B)(b) (fingerprints taken
on previous occasion insufficient etc), the day on which the
appropriate officer was informed that section 61(3A)(a) or (b)
applied.
      (3)
In sub-paragraph (2)(b) above “appropriate officer” means the officer
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investigating the offence for which the person was charged or
informed that he would be reported.
Persons convicted etc of an offence in England and Wales
3     (1)
A constable may require a person to attend a police station for the
purpose of taking his fingerprints under section 61(6).
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      (2)
Where the condition in section 61(6ZA)(a) is satisfied (fingerprints
not taken previously), the power under sub-paragraph (1) above
may not be exercised after the end of the period of two years
beginning with—
(a)
the day on which the person was convicted, cautioned or
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warned or reprimanded, or
(b)
if later, the day on which this Schedule comes into force.
      (3)
Where the condition in section 61(6ZA)(b) is satisfied (fingerprints
taken on previous occasion insufficient etc), the power under sub-
paragraph (1) above may not be exercised after the end of the period
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of two years beginning with—
(a)
the day on which an appropriate officer was informed that
section 61(3A)(a) or (b) applied, or
(b)
if later, the day on which this Schedule comes into force.
      (4)
In sub-paragraph (3)(a) above “appropriate officer” means an officer
25
of the police force which investigated the offence in question.
      (5)
Sub-paragraphs (2) and (3) above do not apply where the offence is
a qualifying offence (whether or not it was such an offence at the time
of the conviction, caution or warning or reprimand).
Persons subject to a control order
30
4
A constable may require a person to attend a police station for the
purpose of taking his fingerprints under section 61(6BA).
Persons convicted etc of an offence outside England and Wales
5
A constable may require a person to attend a police station for the
purpose of taking his fingerprints under section 61(6D).
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Multiple attendance
6     (1)
Where a person’s fingerprints have been taken under section 61 on
two occasions in relation to any offence, he may not under this
Schedule be required to attend a police station to have his
fingerprints taken under that section in relation to that offence on a
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subsequent occasion without the authorisation of an officer of at least
the rank of inspector.

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      (2)
Where an authorisation is given under sub-paragraph (1) above—
(a)
the fact of the authorisation, and
(b)
the reasons for giving it,

shall be recorded as soon as practicable after it has been given.
Part 2
5
Intimate samples
Persons suspected to be involved in an offence
7
A constable may require a person to attend a police station for the
purpose of taking an intimate sample from him under section 62(1A)
if, in the course of the investigation of an offence, two or more non-
10
intimate samples suitable for the same means of analysis have been
taken from him but have proved insufficient.
Persons convicted etc of an offence outside England and Wales
8
A constable may require a person to attend a police station for the
purpose of taking a sample from him under section 62(2A) if two or
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more non-intimate samples suitable for the same means of analysis
have been taken from him under section 63(3E) but have proved
insufficient.
Part 3
Non-intimate samples
20
Persons arrested and released
9     (1)
A constable may require a person to attend a police station for the
purpose of taking a non-intimate sample from him under section
63(3ZA).
      (2)
The power under sub-paragraph (1) above may not be exercised in a
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case falling within section 63(3ZA)(b) (sample taken on a previous
occasion not suitable etc) after the end of the period of six months
beginning with the day on which the appropriate officer was
informed of the matters specified in section 63(3ZA)(b)(i) or (ii).
      (3)
In sub-paragraph (2) above, “appropriate officer” means the officer
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investigating the offence for which the person was arrested.
Persons charged etc
10    (1)
A constable may require a person to attend a police station for the
purpose of taking a non-intimate sample from him under section
63(3A).
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      (2)
The power under sub-paragraph (1) above may not be exercised in a
case falling within section 63(3A)(a) (sample not taken previously)
after the end of the period of six months beginning with the day on
which he was charged or informed that he would be reported.

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      (3)
The power under sub-paragraph (1) above may not be exercised in a
case falling within section 63(3A)(b) (sample taken on a previous
occasion not suitable etc) after the end of the period of six months
beginning with the day on which the appropriate officer was
informed of the matters specified in section 63(3A)(b)(i) or (ii).
5
      (4)
In sub-paragraph (3) above “appropriate officer” means the officer
investigating the offence for which the person was charged or
informed that he would be reported.
Persons convicted etc of an offence in England and Wales
11    (1)
A constable may require a person to attend a police station for the
10
purpose of taking a non-intimate sample from him under section
63(3B).
      (2)
Where the condition in section 63(3BA)(a) is satisfied (sample not
taken previously), the power under sub-paragraph (1) above may
not be exercised after the end of the period of two years beginning
15
with—
(a)
the day on which the person was convicted, cautioned or
warned or reprimanded, or
(b)
if later, the day on which this Schedule comes into force.
      (3)
Where the condition in section 63(3BA)(b) is satisfied (sample taken
20
on a previous occasion not suitable etc), the power under sub-
paragraph (1) above may not be exercised after the end of the period
of two years beginning with—
(a)
the day on which an appropriate officer was informed of the
matters specified in section 63(3BA)(b)(i) or (ii), or
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(b)
if later, the day on which this Schedule comes into force.
      (4)
In sub-paragraph (3)(a) above “appropriate officer” means an officer
of the police force which investigated the offence in question.
      (5)
Sub-paragraphs (2) and (3) above do not apply where—
(a)
the offence is a qualifying offence (whether or not it was such
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an offence at the time of the conviction, caution or warning or
reprimand), or
(b)
he was convicted before 10th April 1995 and is a person to
whom section 1 of the Criminal Evidence (Amendment) Act
1997 applies.
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Persons subject to a control order
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A constable may require a person to attend a police station for the
purpose of taking a non-intimate sample from him under section
63(3D).
Persons convicted etc of an offence outside England and Wales
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13
A constable may require a person to attend a police station for the
purpose of taking a non-intimate sample from him under section
63(3E).

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Multiple exercise of power
14    (1)
Where a non-intimate sample has been taken from a person under
section 63 on two occasions in relation to any offence, he may not
under this Schedule be required to attend a police station to have
another such sample taken from him under that section in relation to
5
that offence on a subsequent occasion without the authorisation of an
officer of at least the rank of inspector.
      (2)
Where an authorisation is given under sub-paragraph (1) above—
(a)
the fact of the authorisation, and
(b)
the reasons for giving it,
10

shall be recorded as soon as practicable after it has been given.
Part 4
General and supplementary
Requirement to have power to take fingerprints or sample
15
A power conferred by this Schedule to require a person to attend a
15
police station for the purposes of taking fingerprints or a sample
under any provision of this Act may be exercised only in a case
where the fingerprints or sample may be taken from the person
under that provision (and, in particular, if any necessary
authorisation for taking the fingerprints or sample under that
20
provision has been obtained).
Date and time of attendance
16    (1)
A requirement under this Schedule—
(a)
shall give the person a period of at least seven days within
which he must attend the police station; and
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(b)
may direct him so to attend at a specified time of day or
between specified times of day.
      (2)
In specifying a period or time or times of day for the purposes of sub-
paragraph (1) above, the constable shall consider whether the
fingerprints or sample could reasonably be taken at a time when the
30
person is for any other reason required to attend the police station.
      (3)
A requirement under this Schedule may specify a period shorter
than seven days if—
(a)
there is an urgent need for the fingerprints or sample for the
purposes of the investigation of an offence; and
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(b)
the shorter period is authorised by an officer of at least the
rank of inspector.
      (4)
Where an authorisation is given under sub-paragraph (3)(b) above—
(a)
the fact of the authorisation, and
(b)
the reasons for giving it,
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shall be recorded as soon as practicable after it has been given.
      (5)
If the constable giving a requirement under this Schedule and the
person to whom it is given so agree, it may be varied so as to specify

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any period within which, or date or time at which, the person must
attend; but a variation shall not have effect unless confirmed by the
constable in writing.
Enforcement
17
A constable may arrest without warrant a person who has failed to
5
comply with a requirement under this Schedule.”
(3)
In that Act, in section 27 (fingerprinting of certain offenders), subsections (1) to
(3) are repealed.
(4)
In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by
detention officers)—
10
(a)
in paragraph 25 (attendance at police station for fingerprinting), for
“section 27(1) of the 1984 Act (fingerprinting of suspects)” there is
substituted “Schedule 2A to the 1984 Act (fingerprinting and samples:
power to require attendance at a police station)”;
(b)
in paragraph 32 (attendance at police station for the taking of a sample),
15
for the words from “subsection (4)” to “samples)” there is substituted
“Schedule 2A to the 1984 Act (fingerprinting and samples: power to
require attendance at a police station)”.
7
“Qualifying offence”
After section 65 of the Police and Criminal Evidence Act 1984 there is
20
inserted—
“65A
“Qualifying offence”
(1)
In this Part, “qualifying offence” means—
(a)
an offence specified in subsection (2) below, or
(b)
an ancillary offence relating to such an offence.
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(2)
The offences referred to in subsection (1)(a) above are—
(a)
murder;
(b)
manslaughter;
(c)
false imprisonment;
(d)
kidnapping;
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(e)
an offence under section 4, 16, 18, 20 to 24 or 47 of the Offences
Against the Person Act 1861;
(f)
an offence under section 2 or 3 of the Explosive Substances Act
1883;
(g)
an offence under section 1 of the Children and Young Persons
35
Act 1933;
(h)
an offence under section 4(1) of the Criminal Law Act 1967
committed in relation to murder;
(i)
an offence under sections 16 to 18 of the Firearms Act 1968;
(j)
an offence under section 9 or 10 of the Theft Act 1968 or an
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offence under section 12A of that Act involving an accident
which caused a person’s death;
(k)
an offence under section 1 of the Criminal Damage Act 1971
required to be charged as arson;