Consideration of Bill: 8 March 2010

1242

Crime and Security Bill, continued

Repeal of section 82 of the Criminal Justice and Police Act 2001

Tom Brake

Mr Mark Oaten

Chris Huhne

NC7

To move the following Clause:—

‘Section 82 of the Criminal Justice and Police Act 2001 is repealed.’.

Repeal of sections 9 and 10 of the Criminal Justice Act 2003

Tom Brake

Mr Mark Oaten

Chris Huhne

NC8

To move the following Clause:—

‘Sections 9 and 10 of the Criminal Justice Act 2003 are repealed.’.

National DNA Database Reviewer

Mr Andrew Dismore

NC9

To move the following Clause:—

‘(1)	Within 12 months of the coming into force of any of sections 14 to 21, the

Secretary of State shall appoint a Reviewer to be known as the National DNA

Database Reviewer.

(2)	Subject to subsection (4), the National DNA Database Reviewer shall keep under

review—

(a)	the exercise and performance, of the powers and duties conferred or

imposed by section 64ZI(5) of the Police and Criminal Evidence Act

1984;

(b)	the exercise and performance of the powers conferred by section 64ZK

of the Police and Criminal Evidence Act 1984;

(c)	the exercise and performance of the powers and duties conferred or

imposed by Article 64ZI(5) of the Police and Criminal Evidence

(Northern Ireland) Order 1989;

(d)	the exercise and performance of the powers conferred by Article 64ZK

of the Police and Criminal Evidence (Northern Ireland) Order 1989;

(e)	the exercise and performance of the powers and duties conferred or

imposed by paragraph 14F(5) of Schedule 8 to the Terrorism Act 2000;

(f)	the exercise and performance of the powers and duties conferred or

imposed by paragraph 14G of Schedule 8 to the Terrorism Act 2000; and

Consideration of Bill: 8 March 2010

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Crime and Security Bill, continued

(g)	the exercise and performance of the powers and duties conferred or

imposed by section 18(3E) of the Counter-Terrorism Act 2008.

(3)	Within 12 months of his appointment, and every 12 months thereafter, the

National DNA Database Reviewer must lay a report of the findings of his review

before both Houses of Parliament.

(4)	Each report of the National DNA Database Reviewer must include consideration

of—

(a)	the number of decisions taken during the proceeding 12 months period

under each of the powers in subsection (2);

(b)	the grounds for any decisions taken during any preceding 12 month

period under each of the powers in subsection (2);

(c)	an equality impact assessment of the exercise of the powers in subsection

(2) over the preceding 12 month period; and

(d)	an assessment of the operation of each of the powers in subsection (2).’.

Power to stop and search under Terrorism Act 2000

Mr Andrew Dismore

NC10

To move the following Clause:—

‘(1)	Section 44 of the Terrorism Act 2000 (authorisations) is amended as follows.

(2)	In subsection (3), for “expedient” there is substituted “necessary”.

(3)	After subsection (3) there is inserted—

“(3A)

The area specified under subsection (2) shall not exceed one square

kilometre.”.

(4)	In subsection (4), for “the whole or part of a police area” (wherever occurring)

there is substituted “in a police area”.

(5)	Section 45 of the Terrorism Act 2000 (exercise of power) is amended as follows.

(6)	For subsection (1)(b) there is substituted—

“(b)	may only be exercised where the constable has reasonable

grounds for suspecting the presence of articles of that kind.”.

(7)	Section 46 of the Terrorism Act 2000 (duration of authorisation) is amended as

follows.

(8)	In subsection (2) for “28” there is substituted “7”.

(9)	In subsection (7) after “is renewed” insert “but the same authorisation shall not

remain in effect for more than 28 days”.’.

Consideration of Bill: 8 March 2010

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Crime and Security Bill, continued

Prohibition of immobilisation or restriction and removal of vehicles

Mr Douglas Hogg

NC11

To move the following Clause:—

‘(1)	A person commits an offence if the person carries out any of the following

activities—

(a)	the immobilisation of a motor vehicle by the attachment to the vehicle, or

to a part of it, of an immobilising device;

(b)	the demanding or collection of a charge as a condition of the removal of

an immobilising device from a motor vehicle;

(c)	the moving of a vehicle, or the restriction of the movement of a vehicle,

by any means;

(d)	the demanding or collection of a charge as a condition of any release of

a vehicle which has been so moved or restricted;

unless that activity is carried out with the consent of the owner, keeper or user of

the vehicle.

(2)	A person who is an occupier of any premises commits an offence if—

(a)	another person carries out, in relation to vehicles on those premises, any

activities falling within subsection (1), and

(b)	those activities are carried out with the permission of that occupier or for

the purposes of, or in connection with, any contract for the supply of

services to him.

(3)	A person guilty of an offence under this section shall be liable—

(a)	on summary conviction, to a fine not exceeding the statutory maximum;

(b)	on conviction on indictment, to a fine.

(4)	The Private Security Industry Act 2001 is amended as follows—

(a)	omit section 6;

(b)	in Schedule 2 omit paragraphs 3 and 3A.’.

Mr Douglas Hogg

45

Page  1,  line  13  [Clause  1],  leave out ‘if that is not practicable’.

Mr Douglas Hogg

49

Page  1,  line  13  [Clause  1],  after second ‘as’, insert ‘reasonably’.

Mr Douglas Hogg

43

Page  2,  line  4  [Clause  1],  after ‘origins’, insert ‘and the stated named and address’.

Consideration of Bill: 8 March 2010

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Crime and Security Bill, continued

Mr Douglas Hogg

44

Page  2,  line  11  [Clause  1],  leave out from first ‘person’ to ‘as’ in line 12.

Mr Douglas Hogg

46

Page  3,  line  13  [Clause  2],  leave out ‘cautioned or warned or reprimanded’.

Mr Douglas Hogg

48

Page  4,  line  19  [Clause  2],  leave out from beginning to ‘and’ in line 22.

Mr Douglas Hogg

47

Page  4,  line  26  [Clause  2],  leave out ‘cautioned or warned or reprimanded’.

Secretary Alan Johnson

8

Page  5,  line  9  [Clause  3],  leave out ‘who is a United Kingdom national or resident’.

Mr Douglas Hogg

62

Page  5,  line  17  [Clause  3],  leave out from ‘Wales’ to end of line 18.

Secretary Alan Johnson

9

Page  6,  line  5  [Clause  3],  leave out ‘who is a United Kingdom national or resident’.

Mr Douglas Hogg

63

Page  6,  line  12  [Clause  3],  leave out from ‘Wales’ to end of line 13.

Secretary Alan Johnson

10

Page  6,  line  38  [Clause  3],  leave out paragraph (b).

Consideration of Bill: 8 March 2010

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Crime and Security Bill, continued

Tom Brake

Mr Mark Oaten

Chris Huhne

32

Page  9,  line  7  [Clause  5],  at end insert—

‘(1A)

In section 24 of the Police and Criminal Evidence Act 1984 (arrest) after

subsection (6) there is inserted—

“(7)	For the avoidance of doubt, the taking of fingerprints, impressions of

footwear and intimate and non-intimate samples is not, on its own, a

reasonable ground for believing that it is necessary to arrest a person.”’.

Tom Brake

Mr Mark Oaten

Chris Huhne

30

Page  13,  line  21  [Clause  6],  at end insert—

‘15A	Fingerprints and non-intimate samples may only be taken under sections

61(5A), 61(5B), 63(3ZA) and 63(3A) from a person at a police station.’.

Tom Brake

Mr Mark Oaten

Chris Huhne

31

Page  15,  line  13  [Clause  7],  after ‘2008’, insert ‘other than an offence under

section 1 and 2 of the Terrorism Act 2006’.

Secretary Alan Johnson

11

Page  18,  line  9  [Clause  9],  leave out ‘who is a United Kingdom national or

resident’.

Secretary Alan Johnson

12

Page  19,  line  6  [Clause  9],  leave out ‘who is a United Kingdom national or

resident’.

Consideration of Bill: 8 March 2010

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Crime and Security Bill, continued

Secretary Alan Johnson

13

Page  19,  line  37  [Clause  9],  leave out paragraph (b).

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.

Tom Brake

Mr Mark Oaten

Chris Huhne

29

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

Mr Andrew Dismore

36

Page  31,  line  5  [Clause  14],  leave out from ‘offence’ to end of line 6.

Mr Andrew Dismore

37

Page  31  [Clause  14],  leave out lines 11 to 23 and insert—

‘(3)	Subject to subsections (3AA) to (3AI), the material must be destroyed as soon as

it has fulfilled the purpose for which it was taken or supplied.

(3AA)

Where any fingerprint, impression of footwear or DNA profile has been taken

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

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

be destroyed no later than—

(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 (or if the profile was derived from more

than one DNA sample, the date on which the first of those samples was

taken), such date being the “initial DNA retention date”; or

(c)	such later date as may be ordered under subsection (3AB).

(3AB)

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 futher amending, the date of

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

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Crime and Security Bill, continued

(3AC)

An order under subsection (3AB) 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.

(3AD)

Any decision of the Crown Court may be appealed to the Court of Appeal within

21 days of such decision.

(3AE)

Subsection (3AA) does not apply where—

(a)	an application under subsection (3AB) above has been made but has not

been determined;

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

(3AD) 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.

(3AF)

Where—

(a)	the period within which an appeal referred to in subsection (3AD) 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 (3AC),

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

as possible thereafter.

(3AG)

For the purposes of this section 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.

(3AH)

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

(3AI)

A statutory instrument containing an order under subsection (3AH) above shall

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

resolution of each House of Parliament.’.

Mr Andrew Dismore

38

Page  31,  line  27  [Clause  14],  leave out from beginning to end of line 10 on page 35.

Mr Andrew Dismore

33

Page  37,  line  26  [Clause  14],  at end insert—

‘(5)	For the purposes of subsection (1), “for the purposes of national security” means

for the purposes of investigating significant threats to the security of the United

Kingdom arising from—

(a)	terrorist activities;

(b)	nuclear weapons and other weapons of mass destruction;

(c)	trans-national organised crime;

(d)	global instability and conflict;

(e)	civil emergencies; or

(f)	state-led threats to the United Kingdom.’.

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Revised 8 March 2010