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Counter-Terrorism Bill


Counter-Terrorism Bill
Part 1 — Powers to gather and share information

7

 

Power to take fingerprints and samples from person subject to control order

10      

Power to take fingerprints and samples: England and Wales

(1)   

In section 61 of the Police and Criminal Evidence Act 1984 (c. 60)

(fingerprinting), after subsection (6B) insert—

“(6BA)   

A constable may take a person’s fingerprints without the appropriate

5

consent if the person is subject to a control order.”.

(2)   

In section 63 of that Act (other samples), after subsection (3C) insert—

“(3D)   

A non-intimate sample may also be taken from a person without the

appropriate consent if the person is subject to a control order.”.

(3)   

In section 63A of that Act (fingerprints and samples: supplementary

10

provisions)—

(a)   

in subsection (1) (checking against other fingerprints or samples), after

“reported for such an offence” insert “or he is or has been subject to a

control order”;

(b)   

after subsection (6) insert—

15

“(6A)   

A constable may require a person who is subject to a control

order to attend a police station in order to—

(a)   

have his fingerprints taken in accordance with section

61(6BA);

(b)   

have a non-intimate sample taken in accordance with

20

section 63(3D).”.

(4)   

In section 64 of that Act (destruction of fingerprints and samples), after

subsection (1A) insert—

“(1AA)   

Where fingerprints or samples are taken from a person who is subject

to a control order the fingerprints or samples may be retained after they

25

have fulfilled the purposes for which they were taken but shall not be

used by any person except as described in subsection (1AB).”.

(5)   

In section 65(1) of that Act (interpretation), at the appropriate places insert—

““control order” has the same meaning as in the Prevention of

Terrorism Act 2005;”;

30

““person subject to a control order” means a person who has

become bound by a control order (see section 7(8) of the

Prevention of Terrorism Act 2005) that remains in force;”.

(6)   

The following amendments of that Act are consequential on those above—

(a)   

in section 61—

35

(i)   

in subsection (6C) after “subsection (6A)” insert “or (6BA)”;

(ii)   

in subsection (7) for “or (6A)” substitute “, (6A) or (6BA)”;

(iii)   

in subsection (7A) after “subsection (6A)”, in both places where

it occurs, insert “or (6BA)”;

(b)   

in section 63 (other samples)—

40

(i)   

in subsection (8A) for “or (3C)” substitute “, (3C) or (3D)”;

(ii)   

in the opening words of subsection (8B) after “police station”

insert “or by virtue of subsection (3D) at a place other than a

police station”;

 
 

Counter-Terrorism Bill
Part 1 — Powers to gather and share information

8

 

(iii)   

in paragraph (a) of that subsection after “officer” insert “, or, in

a subsection (3D) case, a constable,”;

(c)   

in section 63A(7) after “subsection (4)” insert “or (6A)”;

(d)   

in section 64(1B) after “subsection (1A)” insert “, (1AA)”.

11      

Power to take fingerprints and samples: Scotland

5

(1)   

This section applies in relation to a person who is subject to a control order in

Scotland.

(2)   

A constable may—

(a)   

take from the person, or require the person to provide, any relevant

physical data,

10

(b)   

with the authority of an officer of a rank no lower than inspector, take

from the person any sample mentioned in paragraph (a), (b) or (c) of

subsection (6) of section 18 (prints, samples etc. in criminal

investigations) of the Criminal Procedure (Scotland) Act 1995 (c. 46)

(“the 1995 Act”) by the means specified in that paragraph in relation to

15

the sample,

(c)   

take, or direct a police custody and security officer to take, from the

person a sample mentioned in subsection (6A) of that section by the

means specified in that subsection.

(3)   

A constable may—

20

(a)   

require the person to attend a police station for the purposes of

subsection (2), and

(b)   

arrest without warrant a person who fails to comply with such a

requirement.

(4)   

A constable may use reasonable force in—

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(a)   

taking any relevant physical data under subsection (2)(a),

(b)   

securing compliance with a requirement imposed by the constable

under that subsection, or

(c)   

taking any sample under subsection (2)(b).

(5)   

A constable may, with the authority of an officer of a rank no lower than

30

inspector, use reasonable force in taking any sample under subsection (2)(c).

(6)   

Any relevant physical data or sample obtained under this section, and

information derived from it, may be retained but may not be used by any

person except—

(a)   

for the purposes of a terrorist investigation, or

35

(b)   

in the interests of national security.

(7)   

Subject to subsection (6), any data or sample obtained under this section, or

information derived from it, may, in particular, be checked against—

(a)   

other such data, samples or information,

(b)   

any of the relevant physical data, samples and information to which

40

section 20 of the 1995 Act applies,

(c)   

any of the fingerprints, samples and information mentioned in section

63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984 (c. 60)

(checking of fingerprints and samples), and

(d)   

material to which section 18 of this Act applies (material not subject to

45

existing statutory restrictions).

 
 

Counter-Terrorism Bill
Part 1 — Powers to gather and share information

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(8)   

In this section—

“control order” has the same meaning as in the Prevention of Terrorism

Act 2005 (c. 2);

“person subject to a control order” means a person who has become

bound by a control order (see section 7(8) of the Prevention of

5

Terrorism Act 2005) that remains in force;

“relevant physical data” has the same meaning as it has for the purposes

of section 18 of the 1995 Act (see subsections (7A) and (7B) of that

section);

“terrorist investigation” has the meaning given in section 32 of the

10

Terrorism Act 2000 (c. 11).

12      

Power to take fingerprints and samples: Northern Ireland

(1)   

In Article 53(1) of the Police and Criminal Evidence (Northern Ireland) Order

1989 (S.I. 1989/1341 (N.I. 12)) (interpretation of Part VI), at the appropriate

places insert—

15

““control order” has the same meaning as in the Prevention of

Terrorism Act 2005;”;

““person subject to a control order” means a person who has

become bound by a control order (see section 7(8) of the

Prevention of Terrorism Act 2005) that remains in force;”.

20

(2)   

In Article 61 of that Order (fingerprinting), after paragraph (6B) insert—

“(6BA)   

A constable may take a person’s fingerprints without the appropriate

consent if the person is subject to a control order.”.

(3)   

In Article 63 of that Order (other samples), after paragraph (3B) insert—

“(3C)   

A non-intimate sample may also be taken from a person without the

25

appropriate consent if the person is subject to a control order.”.

(4)   

In Article 63A of that Order (fingerprints and samples: supplementary

provisions)—

(a)   

in paragraph (1) (checking against other fingerprints and samples),

after “reported for such an offence” insert “or he is or has been subject

30

to a control order”;

(b)   

after paragraph (6) insert—

“(6A)   

A constable may require a person who is subject to a control

order to attend a police station in order to—

(a)   

have his fingerprints taken in accordance with Article

35

61(6BA);

(b)   

have a non-intimate sample taken in accordance with

Article 63(3C).”.

(5)   

In Article 64 of that Order (destruction of fingerprints and samples), after

paragraph (1A) insert—

40

“(1AA)   

Where fingerprints or samples are taken from a person who is subject

to a control order the fingerprints or samples may be retained after they

have fulfilled the purposes for which they were taken but shall not be

used by any person except as described in paragraph (1AB).”.

(6)   

The following amendments of that Order are consequential on those above—

45

 
 

Counter-Terrorism Bill
Part 1 — Powers to gather and share information

10

 

(a)   

in Article 61—

(i)   

in paragraph (6C) after “paragraph (6A)” insert “or (6BA)”;

(ii)   

in paragraph (7) for “or (6A)” substitute “, (6A) or (6BA)”;

(iii)   

in paragraph (7A) after “paragraph (6A)”, in both places where

it occurs, insert “or (6BA)”;

5

(b)   

in Article 63—

(i)   

in paragraph (8A) for “or (3B)” substitute “, (3B) or (3C)”;

(ii)   

in the opening words of paragraph (8B) after “police station”

insert “or by virtue of paragraph (3C) at a place other than a

police station”;

10

(iii)   

in sub-paragraph (a) of that paragraph after “officer” insert “(or,

in a paragraph (3C) case, a constable)”;

(c)   

in Article 63A(7) after “paragraph (4)” insert “or (6A)”;

(d)   

in Article 64(1B), after “paragraph (1A)” insert “, (1AA)”.

13      

Power to take fingerprints and samples: transitional provision

15

The provisions of—

section 10 (power to take fingerprints and samples: England and Wales),

section 11 (power to take fingerprints and samples: Scotland), and

section 12 (power to take fingerprints and samples: Northern Ireland),

have effect from the commencement of the relevant section regardless of when

20

the control order was made.

Retention and use of fingerprints and samples

14      

Material subject to the Police and Criminal Evidence Act 1984

(1)   

The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.

(2)   

In section 63A(1) (fingerprints, impressions of footwear and samples: what

25

they may be checked against), for paragraphs (a) and (b) substitute—

“(a)   

other fingerprints, impressions of footwear or samples—

(i)   

to which the person seeking to check has access and

which are held by or on behalf of any one or more

relevant law-enforcement authorities or are held in

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connection with or as a result of an investigation of an

offence, or

(ii)   

which are held by or on behalf of the Security Service or

the Secret Intelligence Service;

(b)   

information derived from other samples—

35

(i)   

which is contained in records to which the person

seeking to check has access and which are held as

mentioned in paragraph (a)(i) above, or

(ii)   

which is held by or on behalf of the Security Service or

the Secret Intelligence Service.”.

40

(3)   

In section 63A(1ZA) (fingerprints from a person whose identity is unclear:

what they may be checked against), for the words from “other fingerprints” to

the end, substitute “—

(a)   

other fingerprints to which the person seeking to check has

access and which are held by or on behalf of any one or more

45

 
 

Counter-Terrorism Bill
Part 1 — Powers to gather and share information

11

 

relevant law-enforcement authorities or which are held in

connection with or as a result of an investigation of an offence,

or

(b)   

which are held by or on behalf of the Security Service or the

Secret Intelligence Service.”.

5

(4)   

In section 64(1A) of that Act (purposes for which fingerprints, impressions of

footwear or samples may be retained and used), for the words from “except for

purposes” to the end substitute “except as described in subsection (1AB)”.

(5)   

After subsection (1AA) (inserted by section 10), insert—

“(1AB)   

The fingerprints, impressions of footwear or samples may be used—

10

(a)   

in the interests of national security,

(b)   

for purposes related to the prevention or detection of crime, the

investigation of an offence or the conduct of a prosecution, or

(c)   

for purposes related to the identification of a deceased person or

of the person from whom the material came.”.

15

(6)   

In subsection (1B) of that section, after “(1AA)” (inserted by section 10) insert

“or (1AB)”.

15      

Material subject to the Police and Criminal Evidence (Northern Ireland)

Order 1989

(1)   

The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/

20

1341 (N.I. 12)) is amended as follows.

(2)   

In Article 63A(1) (fingerprints and samples: what they may be checked

against), for paragraphs (a) and (b), substitute—

“(a)   

other fingerprints, impressions of footwear or samples—

(i)   

to which the person seeking to check has access and

25

which are held by or on behalf of any one or more

relevant law-enforcement authorities or are held in

connection with or as a result of an investigation of an

offence, or

(ii)   

which are held by or on behalf of the Security Service or

30

the Secret Intelligence Service;

(b)   

information derived from other samples—

(i)   

which is contained in records to which the person

seeking to check has access and which are held as

mentioned in paragraph (a)(i) above, or

35

(ii)   

which is held by or on behalf of the Security Service or

the Secret Intelligence Service.”.

(3)   

In Article 63A(1ZA) (fingerprints from a person whose identity is unclear:

what they may be checked against), for “other fingerprints” to the end,

substitute “—

40

(a)   

other fingerprints to which the person seeking to check has

access and which are held by or on behalf of any one or more

relevant law-enforcement authorities or which are held in

connection with or as a result of an investigation of an offence,

or

45

(b)   

which are held by or on behalf of the Security Service or the

Secret Intelligence Service.”.

 
 

Counter-Terrorism Bill
Part 1 — Powers to gather and share information

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(4)   

In Article 64(1A) of that Order (purposes for which fingerprints or samples

may be retained and used), for the words from “except for purposes” to the end

substitute “except as described in paragraph (1AB)”.

(5)   

After paragraph (1AA) (inserted by section 12) insert—

“(1AB)   

The fingerprints, impressions of footwear or samples may be used—

5

(a)   

in the interests of national security,

(b)   

for purposes related to the prevention or detection of crime, the

investigation of an offence or the conduct of a prosecution, or

(c)   

for purposes related to the identification of a deceased person or

of the person from whom the material came.”.

10

(6)   

In paragraph (1B) of that Article, after “(1AA)” (inserted by section 12) insert

“or (1AB)”.

16      

Material subject to the Terrorism Act 2000: England and Wales and Northern

Ireland

(1)   

Paragraph 14 of Schedule 8 to the Terrorism Act 2000 (rights of persons

15

detained in England, Wales or Northern Ireland: retention and use of

fingerprints and samples etc) is amended as follows.

(2)   

In sub-paragraph (2) (purposes for which fingerprints and samples may be

used) for the words from “or for purposes related” to the end substitute “or as

mentioned in sub-paragraph (2A)”.

20

(3)   

After that sub-paragraph insert—

   “(2A)  

The fingerprints or samples may be used—

(a)   

in the interests of national security,

(b)   

for purposes related to the prevention or detection of crime,

the investigation of an offence or the conduct of a

25

prosecution, or

(c)   

for purposes related to the identification of a deceased person

or of the person from whom the material came.”.

(4)   

Omit sub-paragraph (3).

(5)   

In sub-paragraph (4) (what fingerprints, samples or other information may be

30

checked against), after paragraph (b) insert—

“(ba)   

material to which section 18 of the Counter-Terrorism Act

2008 applies,”.

17      

Material subject to the Terrorism Act 2000: Scotland

(1)   

Part 1 of Schedule 8 to the Terrorism Act 2000 (treatment of detained persons)

35

is amended as follows.

(2)   

In paragraph 20 (persons detained in Scotland: fingerprinting etc), in sub-

paragraph (3) (retention and use of physical data or samples), for the words

from “except” to the end substitute “except—

(a)   

for the purposes of a terrorist investigation,

40

(b)   

in the interests of national security, or

 
 

Counter-Terrorism Bill
Part 1 — Powers to gather and share information

13

 

(c)   

for purposes related to the prevention or detection of crime,

the investigation of an offence or the conduct of a

prosecution.”.

(3)   

After paragraph 20, insert—

“21   (1)  

Section 20 of the Criminal Procedure (Scotland) Act 1995 applies to

5

relevant physical data or samples taken from a person detained

under Schedule 7 or section 41 at a police station in Scotland with the

following modifications.

      (2)  

Omit the references to impressions.

      (3)  

For the words from “against other such data” to the end substitute “,

10

subject to paragraph 20(3) of Schedule 8 to the Terrorism Act 2000,

against—

(a)   

other such data, samples and information,

(b)   

any of the fingerprints, samples and information mentioned

in section 63A(1)(a) and (b) of the Police and Criminal

15

Evidence Act 1984 (c. 60) (checking of fingerprints and

samples), and

(c)   

material to which section 18 of the Counter-Terrorism Act

2008 applies.”.

18      

Material not subject to existing statutory restrictions

20

(1)   

This section applies to—

(a)   

DNA samples or profiles, or

(b)   

fingerprints,

   

that are not held subject to existing statutory restrictions.

(2)   

Material to which this section applies that is held by a law enforcement

25

authority in England and Wales or Northern Ireland may be retained by that

authority and used—

(a)   

in the interests of national security,

(b)   

for purposes related to the prevention or detection of crime, the

investigation of an offence or the conduct of a prosecution, or

30

(c)   

for purposes related to the identification of a deceased person or of the

person from whom the material came,

   

if the following condition is met.

(3)   

The condition is that the material has been—

(a)   

obtained by the authority—

35

(i)   

pursuant to an authorisation under Part 3 of the Police Act 1997

(c. 50) (authorisation of action in respect of property), or

(ii)   

in the course of surveillance, or use of a covert human

intelligence source, authorised under Part 2 of the Regulation of

Investigatory Powers Act 2000 (c. 23),

40

(b)   

supplied to the authority by another law enforcement authority, or

(c)   

otherwise lawfully obtained or acquired by the authority for any of the

purposes mentioned in subsection (2).

(4)   

In subsection (2)—

 
 

 
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