1201

House of Commons

Notices of Amendments

given on

Monday 1 March 2010

Consideration of Bill

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Crime and Security Bill, As Amended

Mr Robert Flello

1

Page  72,  line  21  [Clause  24],  at end insert—

‘( )	the welfare of any person under the age of eighteen whose interests the

officer considers relevant to the issuing of the DVPN (whether or not that

person is an associated person),’.

Mr Robert Flello

2

Page  74,  line  34  [Clause  28],  after ‘consider’, insert—

‘( )	the welfare of any person under the age of eighteen whose interests the

court considers relevant to the making of the DVPO (whether or not that

person is an associated person), and’.

Retention, destruction and use of fingerprints and samples

Chris Grayling

Damian Green

James Brokenshire

Andrew Rosindell

Mr Crispin Blunt

Mr Patrick McLoughlin

NC1

To move the following Clause:—

‘For section 64 of the Police and Criminal Evidence Act 1984 (destruction of

fingerprints and samples) there is substituted—

“64	Destruction of fingerprints and samples

(1)	Unless provided otherwise in this section, where fingerprints,

impressions of footwear or samples are taken from a person in connection

with the investigation of an offence, the fingerprints, impressions of

footwear or samples or any DNA profile may not be retained after they

have fulfilled the purposes for which they were taken and shall not be

used by any person except for purposes related to the prevention or

Notices of Amendments: 1 March 2010

1202

Crime and Security Bill, continued

detection of crime, the investigation of an offence, the conduct of a

prosecution or the identification of a deceased person or of the person

from whom a body part came.

(2)	In subsection (1) above—

(a)	the reference to crime includes a reference to any conduct

which—

(i)	constitutes one or more criminal offence (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

place in any one part of the United Kingdom, would

constitute one or more criminal offences; and

(b)	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

brought in respect of any crime in a country or territory outside

the United Kingdom.

(3)	A DNA sample 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 six months beginning

with the date on which the sample was taken.

(4)	Any other sample to which this section applies must be destroyed before

the end of the period of six months beginning with the date on which it

was taken.

(5)	Fingerprints, impressions of footwear and DNA profiles are not required

to be destroyed if they were taken from a person convicted of a

recordable offence.

(6)	Where any fingerprint, impression of footwear or sample has been taken

from a person who is arrested for or charged with a sexual offence or

violent offence, the fingerprint, impression of footwear or DNA profile

shall not be destroyed—

(a)	in the case of fingerprints or impressions of footwear, before the

end of the period of three years beginning with the date on which

the fingerprints or impression were taken, such date being the

“initial retention date”; or

(b)	in the case of a DNA profile, before the end of the period of three

years beginning with the date on which the DNA sample from

which the DNA profile was derived was taken, such date being

the “initial DNA retention date”; or

(c)	if an application is made to the Court under subsection (7), until

such later date as may be provided by subsection (8) or (10)

below.

Provided always that if the person is convicted of a recordable offence,

subsection (5) shall apply.

(7)	On application made by the responsible chief officer of police within the

period of three months before the initial retention date or the initial DNA

retention date as the case may be, the Crown Court, if satisfied that there

are reasonable grounds for doing so, may make an order amending, or

further amending, the date of destruction of the relevant fingerprint,

impression of footwear or DNA profile.

Notices of Amendments: 1 March 2010

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Crime and Security Bill, continued

(8)	An order under subsection (7) shall not specify a date more than two

years later than—

(a)	the initial retention date in relation to fingerprints or impressions

of footwear or

(b)	the initial DNA retention date in the case of a DNA profile.

(9)	Any decision of the Crown Court may be appealed to the Court of Appeal

within 21 days of such decision.

(10)	A fingerprint, an impression of footwear or a DNA profile shall not be

destroyed where—

(a)	an application under subsection (7) above has been made but has

not been determined;

(b)	the period within which an appeal may be brought under

subsection (9) above against a decision to refuse an application

has not elapsed; or

(c)	such an appeal has been brought but has not been withdrawn or

finally determined.

(11)

Where—

(a)	the period within which an appeal referred to in subsection (9)

has elapsed without such an appeal being brought; or

(b)	such an appeal is brought and is withdrawn or finally determined

without any extension of the time period referred to in subsection

(8);

the fingerprint, impression of footwear or DNA profile shall be destroyed

as soon as possible thereafter.

(12)	Subject to subsection (13) below, where a person is entitled to the

destruction of any fingerprint, impression of footwear or sample taken

from him or DNA profile, neither the fingerprint, nor the impression of

footwear, nor the sample, nor any information derived from the sample,

nor any DNA profile shall be used in evidence against the person who is

or would be entitled to the destruction of that fingerprint, impression of

footwear or sample.

(13)	Where a person from whom a fingerprint, impression of footwear or

sample has been taken consents in writing to its retention in the case of a

fingerprint or impression of footwear or the retention of any DNA

profile—

(a)	that fingerprint, impression or DNA profile as the case may be

need not be destroyed; and

(b)	subsection (12) above shall not restrict its use;

provided that—

(i)	no DNA profile may be retained on any child under the

age of 10 years; and

(ii)	consent given for the purposes of this subsection shall be

capable of being withdrawn by such person upon

making written application to the responsible chief

officer of police or person authorised by the Secretary of

State for such purpose whereupon such fingerprint,

impression of footwear or DNA profile shall be

destroyed as soon as possible following receipt of such

written application.

Notices of Amendments: 1 March 2010

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Crime and Security Bill, continued

(14)	For the purposes of subsection (13) above if shall be immaterial whether

the consent is given at, before or after the time when the entitlement to

the destruction of the fingerprint, impression of footwear or DNA profile

arises.

(15)	In this section—

  “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;

  “the 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

were taken; or

(b)	in the case of a DNA profile, in which the sample from which the

DNA profile was derived was taken;

a “sexual offence” or “violent offence” shall mean such offences of a

violent or sexual nature as shall be set out in any order made by the

Secretary of State with reference to this section.

(16)	Nothing in this section affects any power conferred by paragraph 18(2)

of Schedule 2 to the Immigration Act 1971 or section 20 of the

Immigration and Asylum Act 1999 (c. 33) (disclosure of police

information to the Secretary of State for use for immigration purposes).

(17)	An order under this section must be made by statutory instrument.

(18)	A statutory instrument containing an order under subsection (17) above

shall not be made unless a draft of the instrument has been laid before and

approved by resolution of each House of Parliament.”.’.

Chris Grayling

Damian Green

James Brokenshire

Andrew Rosindell

Mr Crispin Blunt

Mr Patrick McLoughlin

3

Page  28,  line  20,  leave out Clauses 14 to 21.

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Revised 2 March 2010