House of Commons portcullis
House of Commons
Session 2009 - 10
Publications on the internet
Crime and Security Bill



The Committee consisted of the following Members:

Chairmen: Sir Nicholas Winterton, † Frank Cook
Baldry, Tony (Banbury) (Con)
Brake, Tom (Carshalton and Wallington) (LD)
Brokenshire, James (Hornchurch) (Con)
Burns, Mr. Simon (West Chelmsford) (Con)
Campbell, Mr. Alan (Parliamentary Under-Secretary of State for the Home Department)
Dobbin, Jim (Heywood and Middleton) (Lab/Co-op)
Flello, Mr. Robert (Stoke-on-Trent, South) (Lab)
Hanson, Mr. David (Minister for Policing, Crime and Counter-Terrorism)
Hogg, Mr. Douglas (Sleaford and North Hykeham) (Con)
Iddon, Dr. Brian (Bolton, South-East) (Lab)
McDonagh, Siobhain (Mitcham and Morden) (Lab)
McIsaac, Shona (Cleethorpes) (Lab)
Oaten, Mr. Mark (Winchester) (LD)
Rosindell, Andrew (Romford) (Con)
Seabeck, Alison (Plymouth, Devonport) (Lab)
Watts, Mr. Dave (Lord Commissioner of Her Majesty's Treasury)
Alan Sandall, Committee Clerk
† attended the Committee

Public Bill Committee

Thursday 4 February 2010

(Afternoon)

[Frank Cook in the Chair]

Crime and Security Bill

Clause 14

Material subject to the Police and Criminal Evidence Act 1984
Amendment proposed (this day): 26, in clause 14, page 30, leave out lines 26 to 34 and insert—
‘(3) Subject to subsection (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 further amending, the date of destruction of the relevant fingerprint, impression of footwear or DNA profile.
(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
1 pm
Question again proposed, That the amendment be made.
The Chairman: I remind the Committee that with this we are discussing the following: amendment 69, in clause 14, page 30, line 27, after ‘footwear’, insert
‘and if acquitted after a trial before the end of the period of one year beginning from the date of that acquittal and otherwise’.
Amendment 70, in clause 14, page 30, line 28, leave out ‘6’ and insert ‘3’.
Amendment 71, in clause 14, page 30, line 30, after ‘profile’, insert
‘and if acquitted after a trial before the end of the period of one year beginning from the date of that acquittal and otherwise’.
Amendment 72, in clause 14, page 30, line 30, leave out ‘6’ and insert ‘3’.
Amendment 27, in clause 14, page 30, leave out lines 35 to 38.
Amendment 82, in clause 14, page 31, line 10, after ‘footwear’, insert
‘and if acquitted after a trial before the end of one year beginning from the date of that trial or otherwise’.
Amendment 83, in clause 14, page 31, line 13, after ‘profile’, insert
‘and if acquitted after a trial before the end of one year beginning from the date of that trial or otherwise’.
Amendment 86, in clause 14, page 32, line 21, after ‘footwear’, insert
‘and if acquitted after a trial before the end of one year beginning from the date of that acquittal or otherwise’.
Amendment 87, in clause 14, page 32, line 24, after ‘profile’, insert
‘and if acquitted after a trial before the end of one year beginning from the date of that acquittal or otherwise’.
Amendment 76, in clause 14, page 33, line 33, after ‘footwear’, insert
‘and if acquitted after a trial before the end of the period of one year beginning from the date of that trial or otherwise’.
Amendment 77, in clause 14, page 33, line 34, leave out ‘6’ and insert ‘3’.
Amendment 78, in clause 14, page 33, line 36, after ‘profile’, insert
‘and if acquitted after a trial before the end of one year beginning from the date of the trial or otherwise’.
Amendment 79, in clause 14, page 33, line 36, leave out ‘6’ and insert ‘3’.
Amendment 73, in clause 14, page 34, line 41, leave out ‘5’ and insert ‘2’.
New clause 6—Destruction of fingerprints and samples—
‘(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 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.”’.
New clause 7—Retention of voluntary samples—
‘(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 Retention of voluntary samples etc.
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.”’.
New clause 8—Repeal of section 82 of the Criminal Justice and Police Act 2001—
‘Section 82 of the Criminal Justice and Police Act 2001 is repealed.’.
We resume after what I hope was an adequate lunch for all right hon. and hon. Members. Mr. Brokenshire, you were answering the debate, so may I ask you to resume your soliloquy, please?
James Brokenshire (Hornchurch) (Con): I shall leave it to the rest of the Committee to judge whether it is a soliloquy or not.
The Chairman: Are you challenging the Chairman?
James Brokenshire: I would never dream of challenging the Chairman, so I shall continue my comments or soliloquy, as the Chairman wishes.
When we broke for lunch, I was responding to the debate on this group of amendments. The Minister of State had set out the Government’s position, and I was making it clear that I accept neither his characterisation of the official Opposition as not accepting the use of technology and DNA, nor his suggestion that our proposals, including amendment 26, reflected that.
Now that we have had our lunch break, is the right hon. Gentleman able to respond to a point that I raised in relation to the case studies that he cited in the letter that was handed to the Committee? He did not seem to disagree with my comment that case study 5 and case study 1 might be one and the same case. That is quite important because obviously the letter has been put before the Committee. The facts in case study 5 are quite limited, and I made my assumption based on the limited facts. I do not know whether the Minister has sought clarification over the lunch break. Perhaps he can respond on that point.
The Minister for Policing, Crime and Counter-Terrorism (Mr. David Hanson): I am happy, if it is helpful, to respond further on a number of points that the hon. Gentleman made in the morning sitting. I was trying to be helpful to the Committee by completing my remarks in time for a possible Division at 10.25, but as we instead proceeded, I should be happy to continue the debate shortly.
James Brokenshire: I hear what the Minister says, but the letter has been put before the Committee.
 
Continue
House of Commons 
home page Parliament home page House of 
Lords home page search page enquiries ordering index

©Parliamentary copyright 2010
Prepared 5 February 2010