New Clause 1 — Destruction of samples etc: England and Wales

Part of Commission for the Compact – in the House of Commons at 4:19 pm on 19th May 2009.

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'(1) Section 82 of the Criminal Justice and Police Act 2001 is repealed.

(2) Sections 9 and 10 of the Criminal Justice Act 2003 are repealed.

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

"64B Destruction of fingerprints and samples etc

(1) After a person is released without charge or acquitted of the offence for which a sample has been taken that sample shall be destroyed within one month of the fingerprints or samples being taken or the person being acquitted, unless the offence was of a violent or sexual nature.

(2) If the offence was of a violent or sexual nature that sample must be held for a period of three years, after which it must be destroyed.

(3) This section applies to the following material—

(a) photographs falling within a description specified in the regulations,

(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 person.

(4) 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."'.— (Chris Huhne.)

Brought up, and read the First time.

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