|
| |
|
(3) | A national security determination— |
| |
(a) | must be made in writing, |
| |
(b) | has effect for a maximum of 2 years beginning with the date on |
| |
| |
| 5 |
10 | Material given voluntarily |
| |
After section 63L of the Police and Criminal Evidence Act 1984 (for which see |
| |
| |
"63M | Retention of section 63D material given voluntarily |
| |
(1) | This section applies to the following section 63D material— |
| 10 |
(a) | fingerprints taken with the consent of the person from whom |
| |
| |
(b) | a DNA profile derived from a DNA sample taken with the |
| |
consent of the person from whom the sample was taken. |
| |
(2) | Material to which this section applies may be retained until it has |
| 15 |
fulfilled the purpose for which it was taken or derived. |
| |
(3) | Material to which this section applies which relates to— |
| |
(a) | a person who is convicted of a recordable offence, or |
| |
(b) | a person who has previously been convicted of a recordable |
| |
offence (other than a person who has only one exempt |
| 20 |
| |
| may be retained indefinitely. |
| |
(4) | For the purposes of subsection (3)(b), a conviction is exempt if it is in |
| |
respect of a recordable offence, other than a qualifying offence, |
| |
committed when the person is aged under 18.” |
| 25 |
11 | Material retained with consent |
| |
After section 63M of the Police and Criminal Evidence Act 1984 (for which see |
| |
| |
"63N | Retention of section 63D material with consent |
| |
(1) | This section applies to the following material— |
| 30 |
(a) | fingerprints (other than fingerprints taken under section |
| |
61(6A)) to which section 63D applies, and |
| |
(b) | a DNA profile to which section 63D applies. |
| |
(2) | If the person to whom the material relates consents to material to which |
| |
this section applies being retained, the material may be retained for as |
| 35 |
long as that person consents to it being retained. |
| |
(3) | Consent given under this section— |
| |
(a) | must be in writing, and |
| |
(b) | can be withdrawn at any time.” |
| |
12 | Material obtained for one purpose and used for another |
| 40 |
After section 63N of the Police and Criminal Evidence Act 1984 (for which see |
| |
|
| |
|
| |
|
| |
"63O | Section 63D material obtained for one purpose and used for another |
| |
(1) | Subsection (2) applies if section 63D material which is taken (or, in the |
| |
case of a DNA profile, derived from a sample taken) from a person in |
| |
connection with the investigation of an offence leads to the person to |
| 5 |
whom the material relates being arrested for or charged with, or |
| |
convicted of, an offence other than the offence under investigation. |
| |
(2) | Sections 63E to 63N and sections 63P and 63S have effect in relation to |
| |
the material as if the material was taken (or, in the case of a DNA |
| |
profile, derived from a sample taken) in connection with the |
| 10 |
investigation of the offence in respect of which the person is arrested or |
| |
| |
| |
After section 63O of the Police and Criminal Evidence Act 1984 (for which see |
| |
| 15 |
“63P | Destruction of copies of section 63D material |
| |
(1) | If fingerprints are required by section 63D to be destroyed, any copies |
| |
of the fingerprints held by the police must also be destroyed. |
| |
(2) | If a DNA profile is required by that section to be destroyed, no copy |
| |
may be retained by the police except in a form which does not include |
| 20 |
information which identifies the person to whom the DNA profile |
| |
| |
Destruction rules for samples and impressions of footwear subject to PACE |
| |
14 | Destruction of samples |
| |
After section 63P of the Police and Criminal Evidence Act 1984 (for which see |
| 25 |
| |
“63Q | Destruction of samples |
| |
(1) | This section applies to samples— |
| |
(a) | taken from a person under any power conferred by this Part of |
| |
| 30 |
(b) | taken by the police, with the consent of the person from whom |
| |
they were taken, in connection with the investigation of an |
| |
| |
(2) | Samples to which this section applies must be destroyed if it appears to |
| |
the responsible chief officer of police that— |
| 35 |
(a) | the taking of the samples was unlawful, or |
| |
(b) | the samples were taken from a person in connection with that |
| |
person’s arrest and the arrest was unlawful or based on |
| |
| |
(3) | Subject to this, the rule in subsection (4) or (as the case may be) (5) |
| 40 |
| |
|
| |
|
| |
|
(4) | A DNA sample to which this section applies 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 6 months beginning |
| |
with the date on which the sample was taken. |
| |
(5) | Any other sample to which this section applies must be destroyed |
| 5 |
before the end of the period of 6 months beginning with the date on |
| |
| |
(6) | Nothing in this section prevents a speculative search, in relation to |
| |
samples to which this section applies, from being carried out within |
| |
such time as may reasonably be required for the search if the |
| 10 |
responsible chief officer of police considers the search to be desirable.” |
| |
15 | Destruction of impressions of footwear |
| |
After section 63Q of the Police and Criminal Evidence Act 1984 (for which see |
| |
| |
“63R | Destruction of impressions of footwear |
| 15 |
(1) | This section applies to impressions of footwear— |
| |
(a) | taken from a person under any power conferred by this Part of |
| |
| |
(b) | taken by the police, with the consent of the person from whom |
| |
they were taken, in connection with the investigation of an |
| 20 |
| |
(2) | Impressions of footwear to which this section applies must be |
| |
destroyed unless they are retained under subsection (3). |
| |
(3) | Impressions of footwear may be retained for as long as is necessary for |
| |
purposes related to the prevention or detection of crime, the |
| 25 |
investigation of an offence or the conduct of a prosecution.” |
| |
Supplementary provision for material subject to PACE |
| |
16 | Use of retained material |
| |
After section 63R of the Police and Criminal Evidence Act 1984 (for which see |
| |
| 30 |
"63S | Use of retained material |
| |
(1) | Any material to which section 63D, 63Q or 63R applies must not be |
| |
| |
(a) | in the interests of national security, |
| |
(b) | for the purposes of a terrorist investigation, |
| 35 |
(c) | for purposes related to the prevention or detection of crime, the |
| |
investigation of an offence or the conduct of a prosecution, or |
| |
(d) | for purposes related to the identification of a deceased person or |
| |
of the person to whom the material relates. |
| |
(2) | Material which is required by section 63D, 63Q or 63R to be destroyed |
| 40 |
must not at any time after it is required to be destroyed be used— |
| |
(a) | in evidence against the person to whom the material relates, or |
| |
|
| |
|
| |
|
(b) | for the purposes of the investigation of any offence. |
| |
| |
(a) | the reference to using material includes a reference to allowing |
| |
any check to be made against it and to disclosing it to any |
| |
| 5 |
(b) | the reference to crime includes a reference to any conduct |
| |
| |
(i) | constitutes one or more criminal offences (whether |
| |
under the law of England and Wales or of any country |
| |
or territory outside England and Wales), or |
| 10 |
(ii) | is, or corresponds to, any conduct which, if it all took |
| |
place in England and Wales, would constitute one or |
| |
more criminal offences, and |
| |
(c) | the references to an investigation and to a prosecution include |
| |
references, respectively, to any investigation outside England |
| 15 |
and Wales of any crime or suspected crime and to a prosecution |
| |
brought in respect of any crime in a country or territory outside |
| |
| |
17 | Exclusions for certain regimes |
| |
After section 63S of the Police and Criminal Evidence Act 1984 (for which see |
| 20 |
| |
"63T | Exclusions for certain regimes |
| |
(1) | Sections 63D to 63S do not apply to material to which paragraphs 20A |
| |
to 20I of Schedule 8 to the Terrorism Act 2000 (destruction, retention |
| |
and use of material taken from terrorist suspects) apply. |
| 25 |
(2) | Any reference in those sections to a person being arrested for, or |
| |
charged with, an offence does not include a reference to a person— |
| |
(a) | being arrested under section 41 of the Terrorism Act 2000, or |
| |
(b) | being charged with an offence following an arrest under that |
| |
| 30 |
(3) | Nothing in sections 63D to 63S affects any power conferred by— |
| |
(a) | paragraph 18(2) of Schedule 2 to the Immigration Act 1971 |
| |
(power to take reasonable steps to identify a person detained), |
| |
| |
(b) | section 20 of the Immigration and Asylum Act 1999 (disclosure |
| 35 |
of police information to the Secretary of State for use for |
| |
| |
18 | Interpretation and minor amendments of PACE |
| |
(1) | The Police and Criminal Evidence Act 1984 is amended as follows. |
| |
(2) | In section 65(1) (interpretation of Part 5)— |
| 40 |
(a) | after the definition of “appropriate consent” insert— |
| |
““DNA profile” means any information derived from a |
| |
| |
“DNA sample” means any material that has come from a |
| |
human body and consists of or includes human cells;”, |
| 45 |
|
| |
|
| |
|
(b) | after the definition of “registered health care professional” insert— |
| |
““the responsible chief officer of police”, in relation to the |
| |
taking or deriving of section 63D material or the taking |
| |
of samples to which section 63Q applies, means the chief |
| |
officer of police for the police area— |
| 5 |
(a) | in which the material concerned was taken or |
| |
| |
(b) | in the case of a DNA profile, in which the sample |
| |
from which the DNA profile was derived was |
| |
| 10 |
“section 63D material” means fingerprints or DNA profiles |
| |
to which section 63D applies;”, and |
| |
(c) | after the definition of “terrorism” insert— |
| |
““terrorist investigation” has the meaning given by section |
| |
| 15 |
(3) | After section 65(2) (meaning of references to a sample’s proving insufficient) |
| |
| |
“(2A) | In subsection (2), the reference to the destruction of a sample does not |
| |
include a reference to the destruction of a sample under section 63Q |
| |
(requirement to destroy samples). |
| 20 |
(2B) | Any reference in sections 63F, 63G, 63O or 63T to a person being |
| |
charged with an offence includes a reference to a person being |
| |
informed that the person will be reported for an offence.” |
| |
(4) | In section 65A(2) (list of “qualifying offences” for purposes of Part 5), in |
| |
paragraph (j) (offences under the Theft Act 1968), for “section 9” substitute |
| 25 |
| |
(5) | After section 65A insert— |
| |
“65B | “Persons convicted of an offence” |
| |
(1) | For the purposes of this Part, any reference to a person who is convicted |
| |
of an offence includes a reference to— |
| 30 |
(a) | a person who has been given a caution in respect of the offence |
| |
which, at the time of the caution, the person has admitted, or |
| |
(b) | a person who has been warned or reprimanded under section |
| |
65 of the Crime and Disorder Act 1998 for the offence. |
| |
(2) | This Part, so far as it relates to persons convicted of an offence, has |
| 35 |
effect despite anything in the Rehabilitation of Offenders Act 1974. |
| |
(3) | But a person is not to be treated as having been convicted of an offence |
| |
if that conviction is a disregarded conviction or caution by virtue of |
| |
section 82 of the Protection of Freedoms Act 2011. |
| |
(4) | If a person is convicted of more than one offence arising out of a single |
| 40 |
course of action, those convictions are to be treated as a single |
| |
conviction for the purposes of calculating under sections 63F, 63G and |
| |
63M whether the person has been convicted of only one offence.” |
| |
|
| |
|