House of Commons Public Bill Committee Proceedings

House of Commons

Session 2009 - 10
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Other Bills before Parliament

345

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

Monday 8 March 2010

Report Stage Proceedings

Crime and Security Bill, As Amended

New Clauses

Retention, destruction and use of fingerprints and samples

Chris Grayling

Damian Green

James Brokenshire

Andrew Rosindell

Mr Crispin Blunt

Mr Patrick McLoughlin

Negatived on division  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

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

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346

Crime and Security Bill, continued

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.

(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;

Report Stage Proceedings: 8 March 2010
347

Crime and Security Bill, continued

(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.

(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

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348

Crime and Security Bill, continued

(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.”.’.

Power to impose charges on licence holders etc. opening late at night

Chris Grayling

Damian Green

James Brokenshire

Andrew Rosindell

Mr Crispin Blunt

Mr Patrick McLoughlin

Not selected  NC2

To move the following Clause:—

‘After section 22 of the Violent Crime Reduction Act 2006 there is inserted—

“22A
Power to impose charges on licence holders etc. opening late at night

(1)
The Secretary of State may, by regulations, make provision for the

imposition by a local authority of charges to be paid to the authority for

each month by—

(a)
persons who for the whole or a part of that month held premises

licences authorising the use of premises in the authority’s area

for the sale of alcohol by retail; and

(b)
clubs which for the whole or a part of that month were authorised

by virtue of club premises certificates to use premises in such

authority’s area for the supply of alcohol to members or guests


where such premises or clubs are permitted to remain open for the sale or

supply of alcohol later than such times as may be specified by the

Secretary of State in such regulations.

(2)
The Secretary of State may by regulations make provision requiring a

local authority that imposes charges by reference to this clause to use

sums received by them in respect of those charges for the purposes

specified in or determined under the regulations and may authorise or

require a local authority to grant discounts or exemptions from the

charges.

(3)
The Secretary of State may by regulations make provision about—

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349

Crime and Security Bill, continued

(a)
the payment, collection and enforcement of charges imposed in

accordance with regulations under this section;

(b)
the determination of questions about liability for such charges,

about the rate of charge applicable in relation to a particular set

of premises or about compliance with the conditions of any

exemption or discount;

(c)
appeals against decisions determining such questions;

(d)
for interest to be charged at such rate and in such manner as may

be specified in or determined under the regulations on charges

that are overdue; and

(e)
for the suspension of premises licences and club premises

certificates for non payment of a charge.

(4)
In this subsection “local authority” means—

(a)
a district council;

(b)
a county council for an area for which there are no district

councils;

(c)
a London borough council;

(d)
the Common Council of the City of London in its capacity as a

local authority;

(e)
the Council of the Isles of Scilly; or

(f)
a county council or a county borough council in Wales.

(5)
The powers of the Secretary of State to make regulations under this

section shall be exercisable by statutory instrument.

(6)
The Secretary of State must not make regulations containing any

provision that he is authorised to make by this section unless a draft of

the regulations has been laid before Parliament and approved by a

resolution of each House.”’.

Alcohol disorder zones

Chris Grayling

Damian Green

James Brokenshire

Andrew Rosindell

Mr Crispin Blunt

Mr Patrick McLoughlin

Negatived on division  NC3

To move the following Clause:—

‘(1)
The Violent Crime Reduction Act 2006 is amended as follows.

(2)
Omit sections 15 to 20.’.

Report Stage Proceedings: 8 March 2010
350

Crime and Security Bill, continued

Injunctions: gang-related violence

Chris Grayling

Damian Green

James Brokenshire

Andrew Rosindell

Mr Crispin Blunt

Mr Patrick McLoughlin

Withdrawn  NC4

To move the following Clause:—

‘(1)
Section 49 of the Policing and Crime Act 2009 (interpretation) is amended as

follows.

(2)
For the definition of “court” substitute—

““court” means—

(a)
where the respondent is aged over 18 at the date of the hearing,

the High Court or a county court, and

(b)
where the respondent is aged between 14 and 17 at the date of the

hearing, a youth court;”.’.

Destruction of fingerprints and samples

Tom Brake

Mr Mark Oaten

Chris Huhne

Not called  NC5

To move the following Clause:—

‘(1)
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2)
After section 64A insert—

“64B
Destruction of fingerprints and samples etc.

(1)
Subject to subsection (2), where a sample has been taken from a person

under this Part, unless such a person has given consent in accordance

with section 64(3AC), all such samples and all information derived from

such samples shall be destroyed as soon as possible following a decision

not to institute criminal proceedings against the person or on the

conclusion of such proceedings otherwise than with a conviction.

(2)
Subsection (1) above shall not apply where the record, sample or

information in question is of the same kind as a record, a sample or, as

the case may be, information lawfully held in relation to the person.

(3)
For the purposes of this section, criminal proceedings shall not be

deemed to have concluded until the earlier of—

(a)
the lapse of any applicable appeal period, and

(b)
a decision not to appeal such proceedings.

(4)
Material falls within this subsection if it is—

(a)
fingerprints or impressions of footwear taken from the person in

connection with the investigation of the offence;

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351

Crime and Security Bill, continued

(b)
a DNA profile derived from a DNA sample so taken;

(c)
photographs falling within a description specified in the

regulations; or

(d)
information derived from DNA samples so taken from a person.

(5)
For the purposes of this section—

(a)
“photograph” includes a moving image, and

(b)
the reference to a DNA sample is a reference to any material that

has come from a human body and consists of or includes human

cells.”’.

Retention of voluntary samples

Tom Brake

Mr Mark Oaten

Chris Huhne

Not called  NC6

To move the following Clause:—

‘(1)
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2)
After section 64(1A)(b) insert—

“(c)
any other provision in this Part does not prohibit or restrict their retention

or require their destruction.”.

(3)
For section 64(3AC) substitute—

“(3AC)
Where a person from whom a fingerprint, impression of footwear or

sample has been taken consents in writing to its retention—

(a)
that sample need not be destroyed under subsection (3) above;

(b)
subsection (3AB) above shall not restrict the use that may be

made of the sample or of any information derived from it; and

(c)
that consent shall be treated as comprising a consent for the

purposes of section 63A(1C) above; provided that—

(i)
no sample or information derived from any sample 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 sample and any

information derived therefrom shall be destroyed as

soon as possible following receipt of such written

application.”’.



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