|
|
| |
| |
|
| |
| |
| Crime and Security Bill, As Amended
|
|
| |
| | Retention, destruction and use of fingerprints and samples |
|
| |
| |
| |
| |
| |
| |
| | 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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (5) | Fingerprints, impressions of footwear and DNA profiles are not required |
|
| | to be destroyed if they were taken from a person convicted of a |
|
| | |
| | (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 |
|
| | |
| | (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) |
|
| | |
| | | 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 |
|
| | |
| | (a) | the initial retention date in relation to fingerprints or impressions |
|
| | |
| | (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 |
|
| | |
| | (a) | an application under subsection (7) above has been made but has |
|
| | |
|
|
| |
| |
|
| | (b) | the period within which an appeal may be brought under |
|
| | subsection (9) above against a decision to refuse an application |
|
| | |
| | (c) | such an appeal has been brought but has not been withdrawn or |
|
| | |
| | |
| | (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 |
|
| | |
| | | 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 |
|
| | |
| | (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 |
|
| | |
| | (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; |
|
| | |
| | (i) | no DNA profile may be retained on any child under the |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | |
| | “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 |
|
| | |
| | (a) | in which the samples, fingerprints or impressions of footwear |
|
| | |
|
|
| |
| |
|
| | (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 |
|
| |
| |
| |
| |
| |
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (3) | The Secretary of State may by regulations make provision about— |
|
|
|
| |
| |
|
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (e) | for the suspension of premises licences and club premises |
|
| | certificates for non payment of a charge. |
|
| | (4) | In this subsection “local authority” means— |
|
| | |
| | (b) | a county council for an area for which there are no district |
|
| | |
| | (c) | a London borough council; |
|
| | (d) | the Common Council of the City of London in its capacity as a |
|
| | |
| | (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.”’. |
|
| |
| | |
| |
| |
| |
| |
| |
| |
| | 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.’. |
|
| |
|
|
| |
| |
|
| | Injunctions: gang-related violence |
|
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Section 49 of the Policing and Crime Act 2009 (interpretation) is amended as |
|
| | |
| | (2) | For the definition of “court” substitute— |
|
| | |
| | (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 |
|
| |
| |
| |
| | |
| 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; |
|
|
|
| |
| |
|
| | (b) | a DNA profile derived from a DNA sample so taken; |
|
| | (c) | photographs falling within a description specified in the |
|
| | |
| | (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 |
|
| | |
| |
| | Retention of voluntary samples |
|
| |
| |
| |
| | |
| 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 |
|
| | |
| |
|