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Other Bills before Parliament

Policing and Crime Bill


Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 1 — Safeguarding vulnerable groups and criminal records

119

 

(b)   

if the person is barred from such activity, such details as are

prescribed of the circumstances in which the person became

barred;

(c)   

whether the Independent Safeguarding Authority is

considering whether to include the person in a barred list in

5

pursuance of paragraph 3, 5, 9 or 11 of Schedule 3 to the

Safeguarding Vulnerable Groups Act 2006;

(d)   

whether the person is subject to a direction under section 167A

of the Education Act 2002 (prohibition on participation in

management of independent school).

10

(3B)   

Subsection (3C) applies if—

(a)   

the Secretary of State receives an application for registration,

and

(b)   

it appears to the Secretary of State that the registration is likely

to make it possible for information to become available to an

15

individual who the Independent Safeguarding Authority is

considering whether to include in a barred list as mentioned in

subsection (3A)(c).

(3C)   

The Secretary of State may postpone consideration of the application

until the Authority has decided whether to include the individual in the

20

barred list.

(3D)   

Expressions used in subsections (3A) to (3C) and in the Safeguarding

Vulnerable Groups Act 2006 (c. 47) have the same meaning in those

subsections as in that Act, except that “prescribed” must be construed

in accordance with section 125 of this Act.”

25

(4)   

After subsection (6) insert—

“(7)   

The Secretary of State may by order made by statutory instrument

amend subsection (3A) for the purpose of altering the information

specified in that subsection.

(8)   

Such an order is subject to annulment in pursuance of a resolution of

30

either House of Parliament.”

95      

Criminal records: applications

(1)   

Before section 126 of the Police Act 1997 (c. 50) insert—

“125B   

  Form of applications

(1)   

The Secretary of State may determine the form, manner and contents of

35

an application for the purposes of any provision of this Part.

(2)   

A determination may, in particular, impose requirements about the

form or manner in which an electronic application is to be signed or

countersigned.”

(2)   

In the following provisions of that Act omit “in the prescribed manner and

40

form”—

section 112(1)(a) (criminal conviction certificates),

section 113A(1)(a) (criminal record certificates),

section 113B(1)(a) (enhanced criminal record certificates).

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other

120

 

(3)   

In the following provisions of that Act omit “in the prescribed manner”—

section 114(1)(a) (criminal record certificates: Crown employment),

section 116(1)(a) (enhanced criminal record certificates: judicial

appointments and Crown employment).

Chapter 2

5

Other

Retention and destruction of samples etc

96      

Retention and destruction of samples etc: England and Wales

(1)   

After section 64A of the Police and Criminal Evidence Act 1984 (c. 60) insert—

“64B    

Retention and destruction of samples etc

10

(1)   

The Secretary of State may by regulations make provision as to the

retention, use and destruction of material to which this section applies.

(2)   

This section applies to the following material—

(a)   

photographs falling within a description specified in the

regulations,

15

(b)   

fingerprints taken from a person in connection with the

investigation of an offence,

(c)   

impressions of footwear so taken from a person,

(d)   

DNA and other samples so taken from a person,

(e)   

information derived from DNA samples so taken from a

20

person.

(3)   

The regulations may—

(a)   

make different provision for different cases, and

(b)   

make provision subject to such exceptions as the Secretary of

State thinks fit.

25

(4)   

The regulations may frame any provision or exception by reference to

an approval or consent given in accordance with the regulations.

(5)   

The regulations may confer functions on persons specified or described

in the regulations.

(6)   

The functions which may be conferred by virtue of subsection (5)

30

include those of—

(a)   

providing information about the operation of regulations made

under this section,

(b)   

keeping their operation under review,

(c)   

making reports to the Secretary of State about their operation,

35

and

(d)   

making recommendations to the Secretary of State about the

retention, use and destruction of material to which this section

applies.

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other

121

 

(7)   

The regulations may make provision for and in connection with

establishing a body to discharge the functions mentioned in subsection

(6)(b) to (d).

(8)   

The regulations may make provision amending, repealing, revoking or

otherwise modifying any provision made by or under an Act

5

(including this Act).

(9)   

The provision which may be made by virtue of subsection (8) includes

amending or otherwise modifying any provision so as to impose a duty

or confer a power to make an order, regulations, a code of practice or

any other instrument.

10

(10)   

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.

15

64C     

Retention and destruction of samples etc: supplementary

(1)   

Regulations under section 64B may make—

(a)   

supplementary, incidental or consequential provision, or

(b)   

transitional, transitory or saving provision.

(2)   

Regulations under that section are to be made by statutory instrument.

20

(3)   

An instrument containing regulations under that section may not be

made unless a draft of the instrument has been laid before, and

approved by resolution of, each House of Parliament.

(4)   

Before laying such a draft before Parliament, the Secretary of State must

consult—

25

(a)   

the Association of Police Authorities,

(b)   

the Association of Chief Police Officers of England, Wales and

Northern Ireland,

(c)   

the General Council of the Bar,

(d)   

the Law Society of England and Wales,

30

(e)   

the Institute of Legal Executives, and

(f)   

such other persons as the Secretary of State thinks fit.”

(2)   

The amendment made by subsection (1) applies in relation to material obtained

before or after the commencement of this section.

97      

Retention and destruction of samples etc: service offences

35

(1)   

Section 113 of the Police and Criminal Evidence Act 1984 (c. 60) (application to

armed forces) is amended as follows.

(2)   

After subsection (1) insert—

“(1A)   

The Secretary of State may by order make provision as to the retention,

use and destruction of material obtained in connection with the

40

investigation of a service offence which is equivalent to the provision

made by regulations under section 64B, subject to such modifications as

the Secretary of State considers appropriate.”

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other

122

 

(3)   

In subsection (3) after paragraph (a) insert—

“(aa)   

the exercise of functions conferred by an order under subsection

(1A); or”.

(4)   

The amendments made by subsections (2) and (3) apply in relation to material

obtained before or after the commencement of this section.

5

98      

Retention and destruction of samples etc: Northern Ireland

(1)   

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

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

(2)   

After Article 64A insert—

“64B    

Retention and destruction of samples etc

10

(1)   

The Secretary of State may by regulations make provision as to the

retention, use and destruction of material to which this Article applies.

(2)   

This Article applies to the following material—

(a)   

photographs falling within a description specified in the

regulations,

15

(b)   

fingerprints taken from a person in connection with the

investigation of an offence,

(c)   

impressions of footwear so taken from a person,

(d)   

DNA and other samples so taken from a person,

(e)   

information derived from DNA samples so taken from a

20

person.

(3)   

The regulations may—

(a)   

make different provision for different cases, and

(b)   

make provision subject to such exceptions as the Secretary of

State thinks fit.

25

(4)   

The regulations may frame any provision or exception by reference to

an approval or consent given in accordance with the regulations.

(5)   

The regulations may confer functions on persons specified or described

in the regulations.

(6)   

The functions which may be conferred by virtue of paragraph (5)

30

include those of—

(a)   

providing information about the operation of regulations made

under this Article,

(b)   

keeping their operation under review,

(c)   

making reports to the Secretary of State about their operation,

35

and

(d)   

making recommendations to the Secretary of State about the

retention, use and destruction of material to which this Article

applies.

(7)   

The regulations may make provision for and in connection with

40

establishing a body to discharge the functions mentioned in paragraph

(6)(b) to (d).

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other

123

 

(8)   

The regulations may make provision amending, repealing, revoking or

otherwise modifying any provision made by or under an Act or

Northern Ireland legislation (including this Order).

(9)   

The provision which may be made by virtue of paragraph (8) includes

amending or otherwise modifying any provision so as to impose a duty

5

or confer a power to make an order, regulations, a code of practice or

any other instrument.

(10)   

The regulations may make—

(a)   

supplementary, incidental or consequential provision, or

(b)   

transitional, transitory or saving provision.

10

(11)   

Before making regulations under this Article, the Secretary of State

must publish a draft of the regulations and consider any

representations made to the Secretary of State about them.

(12)   

For the purposes of this Article—

(a)   

“photograph” includes a moving image, and

15

(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.”

(3)   

In Article 89 (procedure for orders and regulations) for “Article 29(4) or 46A”

substitute “Articles 29(4), 46A and 64B”.

20

(4)   

The amendments made by subsections (2) and (3) apply in relation to material

obtained before or after the commencement of this section.

Border controls

99      

General information powers in relation to persons entering or leaving the UK

(1)   

After section 157 of the Customs and Excise Management Act 1979 (c. 2)

25

(general powers: bonds and security) insert—

“157A   

General information powers in relation to persons entering or leaving

the United Kingdom

(1)   

The proper officer of Revenue and Customs may require any person

entering or leaving the United Kingdom—

30

(a)   

to produce the person’s passport or travel documents for

examination, or

(b)   

to answer any questions put by the proper officer of Revenue

and Customs about the person’s journey.

(2)   

In subsection (1) “passport” means—

35

(a)   

a United Kingdom passport (within the meaning of the

Immigration Act 1971),

(b)   

a passport issued by or on behalf of the authorities of a country

or territory outside the United Kingdom, or by or on behalf of

an international organisation, or

40

(c)   

a document that can be used (in some or all circumstances)

instead of a passport.

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other

124

 

(3)   

Subsections (1) and (2) apply in relation to a transit air passenger

arriving at the passenger’s final destination in the United Kingdom as

they apply in relation to a person entering the United Kingdom.

(4)   

For the purposes of subsection (3) a transit air passenger is a person—

(a)   

who has arrived by air in the United Kingdom; and

5

(b)   

whose journey is continued or resumed by air to a destination

in the United Kingdom which is not the place where the person

is regarded for the purposes of this section as entering the

United Kingdom;

   

and the passenger’s final destination is the destination of the continued

10

or resumed journey.”

(2)   

In section 4(3) of the Finance (No. 2) Act 1992 (c. 48) (non-application of

enforcement powers in the Act of 1979 to certain movements between member

States), after paragraph (g), insert—

“(ga)   

section 157A (general information powers in relation to persons

15

entering or leaving the United Kingdom)”.

100     

Powers in relation to cash

(1)   

After section 164 of the Customs and Excise Management Act 1979 (c. 2)

(general powers etc: powers to search persons) insert—

“164A   

Powers to search for cash

20

(1)   

The provisions of this Act which fall within subsection (2) (search

powers for officers of Revenue and Customs etc.) apply in accordance

with subsection (3)—

(a)   

for the purposes of searching for cash—

(i)   

which is recoverable property or is intended by any

25

person for use in unlawful conduct; and

(ii)   

the amount of which is not less than the minimum

amount;

(b)   

for the purposes of searching for cash to ensure compliance

with the Cash Control Regulation; or

30

(c)   

for purposes connected to any such purposes.

(2)   

The provisions of this Act which fall within this subsection are—

(a)   

section 28(1) (powers of access etc.);

(b)   

section 77(1) and (2) (information powers);

(c)   

section 159(1) to (4) (powers to examine and take account of

35

goods); and

(d)   

section 164 (power to search persons including intimate

searches).

(3)   

Those provisions apply for the purposes mentioned in subsection (1) as

if—

40

(a)   

any reference in them to goods included a reference to cash; and

(b)   

in section 164(1)—

(i)   

the reference to an article were a reference to cash; and

(ii)   

paragraphs (a) and (b) were omitted.

(4)   

The Treasury may by regulations provide for—

45

 
 

Policing and Crime Bill
Part 8 — Miscellaneous
Chapter 2 — Other

125

 

(a)   

any provision of this Act to apply with modifications for the

purposes of the provisions applied by subsections (1) to (3), or

(b)   

any other enactment to apply, with or without modifications,

for the purposes of the provisions so applied.

(5)   

This section does not limit the scope of any powers that exist apart from

5

this section (whether under this Act or otherwise).

(6)   

In this section—

“the 2002 Act” means the Proceeds of Crime Act 2002 (c. 29);

“cash”—

(a)   

so far as relating to purposes falling within subsection

10

(1)(a) above, has the meaning given by section 289(6)

and (7) of the 2002 Act; and

(b)   

so far as relating to purposes falling within subsection

(1)(b) above, has the same meaning as in the Cash

Control Regulation;

15

“the Cash Control Regulation” means Regulation (EC) No. 1889/

2005 of the European Parliament and of the Council of 26

October 2005 on controls of cash entering or leaving the

Community;

“minimum amount” has the meaning given by section 303 of the

20

2002 Act;

“modifications” includes omissions;

“recoverable property” has the meaning given by section 316(1) of

the 2002 Act;

“unlawful conduct” has the meaning given by section 241 of the

25

2002 Act.”

(2)   

In section 4(2) of the Finance (No. 2) Act 1992 (c. 48) (cases where enforcement

powers exercisable)—

(a)   

after “member States;” at the end of paragraph (b) omit “or”, and

(b)   

after “Kingdom” at the end of paragraph (c) insert “; or

30

(d)   

searching for cash that is recoverable property or

intended for use in unlawful conduct”.

(3)   

In section 4(5) of that Act (interpretation)—

(a)   

after “in this section—”, insert—

““cash” has the meaning given by section 289(6) and (7) of

35

the Proceeds of Crime Act 2002;”,

(b)   

after “Economic Community;” omit “and”, and

(c)   

after “1979;” insert—

““recoverable property” has the same meaning as in

section 316(1) of the Proceeds of Crime Act 2002; and

40

“unlawful conduct” has the same meaning as in section 241

of that Act;”.

(4)   

After section 105(5) of the Postal Services Act 2000 (c. 26) (application of

customs and excise enactments to certain postal packets) insert—

“(6)   

And in this section “goods” includes cash (within the meaning of

45

section 289(6) and (7) of the Proceeds of Crime Act 2002).”

 
 

 
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