Counter-Terrorism Bill

House of Lords

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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Power to take fingerprints and samples from person subject to control order
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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
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(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)”.
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Power to take fingerprints and samples: Scotland
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(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—
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(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
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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
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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
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Terrorism Act 2000 (c. 11).
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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;”.
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(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—
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Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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(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”;
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(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)”.
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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
30
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—
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(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.”.
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(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
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Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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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.”.
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(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 “—
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(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.”.

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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.”.
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(6)
In paragraph (1B) of that Article, after “(1AA)” (inserted by section 12) insert
“or (1AB)”.
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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)”.
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(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,
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(b)
in the interests of national security, or

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(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
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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.”.
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Material not subject to existing statutory restrictions
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(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)—