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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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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;


 
 

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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—


 
 

Report Stage Proceedings: 8 March 2010                  

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.’.

 



 
 

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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;


 
 

Report Stage Proceedings: 8 March 2010                  

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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