Committee (1st Day)

Part of Protection of Freedoms Bill – in the House of Lords at 4:30 pm on 29 November 2011.

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Photo of Baroness Berridge Baroness Berridge Conservative 4:30, 29 November 2011

My Lords, I presume that the amendment relates to the previous paragraph in relation,

"to section 63D material taken ... in connection with the investigation of an offence in which it is suspected that the person to whom the material relates has been involved".

On my reading, there is an enormous safeguard in that once the police become convinced that the person has not been involved, the negative applies. The person's DNA material is taken but if it is then established that that person was not connected to the offence at all, surely the ability to retain the material in those circumstances fails. Therefore you do not have an enormous amount of material being retained until the conclusion of the proceedings. Will the Minister clarify whether I am correct in my understanding that the police can retain that material until the conclusion of the proceedings but only if they remain convinced that that person is still suspected of being involved in the commission of the offence?