Annex
BIOMETRIC RETENTION FRAMEWORK - SUMMARY OF PROPOSALS
CRIME & SECURITY ACT 2010
Sections 2-7 of the Act will be commenced, enabling
the taking of biometrics from those previously convicted in a
wider range of circumstances and giving the National DNA Database
Strategy Board Guidance statutory backing.
Sections 14 and 16-23 of the Act will be repealed.
PROTECTION OF FREEDOMS BILL
Provisions in the Protection of Freedoms Bill meet
the commitment in the Programme for Government to adopt the protections
of the Scottish model for DNA retention. Specific provisions will:
- require the immediate destruction of fingerprints
and DNA profiles taken from adults and juveniles following arrest
for a minor crime once a decision is made not to charge or to
discontinue proceedings, or following acquittal;
- enable all DNA taken on arrest to be 'speculatively
searched' against the national databases, including previous crime
scenes (i.e. 'cold cases'), even if a decision to discontinue
has already been taken;
- enable the retention of fingerprints and DNA
profiles taken from adults and juveniles following charge for
a qualifying offence (or, in certain restricted circumstances
where it is deemed the victim of the crime could be vulnerable,
following arrest) for three years, with a single extension of
two years available from the courts;
- enable the retention of fingerprints and DNA
of juveniles on first conviction, reprimand or warning for a minor
offence to be retained for 5 years, if the sentence is non-custodial,
or for the length of sentence plus 5 years for those sentenced
to immediate youth custody;
- enable the retention of fingerprints and DNA
from juveniles receiving a second reprimand or warning or a further
conviction or, where a custodial sentence of over 5 years is imposed
for a first offence, to be retained indefinitely; a first conviction
for a juvenile for a qualifying offence will also result in indefinite
retention;
- continue the indefinite retention of fingerprints
and DNA profiles of convicted adults;
- treat those who have accepted cautions as if
they have been convicted by a court, but include in the statutory
guidance to be issued by the National DNA Database Strategy Board
the possibility of deletion on application after 5 years, where
the chief officer is satisfied that the individual does not pose
a risk of re-offending;
- enable the retention of DNA profiles and fingerprints
of those issued with Penalty Notices for Disorder for two years;
and
- require the destruction of all biological DNA
samples within six months of being taken.
- The Bill will also provide a common framework
for the management of fingerprints and DNA profiles;
- A 'qualifying offence' will continue to be defined
as per the list in section 7 of the Crime & Security Act 2010,
with the addition of the serious and violent offence of robbery.
NATIONAL SECURITY
The Protection of Freedoms Bill also makes provision
for the retention of biometric information obtained under terrorism
legislation. Specifically it will:
- Enable the retention of fingerprints and DNA
profiles of those arrested under s41 of the Terrorism Act 2000
for a period of three years or those detained under Schedule 7
of the 2000 Act for a period of 6 months, with the ability to
extend retention by periods of two years;
- Enable the retention of fingerprints and DNA
profiles obtained under the Counter-Terrorism Act 2008, also with
the ability to extend retention by periods of two years; and
- Require that the process of retention of such
material is overseen by an independent Commissioner.
This approach ensures the right balance between the
need to retain potentially valuable intelligence for national
security (including counter-terrorism) investigations with the
rights of individuals whose data is retained through appropriate
safeguards, including independent oversight.
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