Committee (5th Day) (Continued)

Part of Policing and Crime Bill – in the House of Lords at 9:15 pm on 20th October 2009.

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Photo of Baroness Walmsley Baroness Walmsley Spokesperson for Children, Schools and Families 9:15 pm, 20th October 2009

I am grateful to the noble Lord and beg leave to withdraw the amendment.

Amendment 152BH withdrawn.

Clause 85 agreed.

Clauses 86 and 87 agreed.

Clause 88 : Notification of proposal to include person in barred list: Northern Ireland

Amendment 152BJ not moved.

Clause 88 agreed.

Clauses 89 to 91 agreed.

Amendment 152BK not moved.

Clauses 92 to 95 agreed.

Clause 96 : Retention and destruction of samples etc: England and Wales

Amendment 152BL

Moved by Baroness Neville-Jones

152BL: Clause 96, page 120, line 9, leave out subsections (1) and (2) and insert—

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

"64B Retention and destruction of samples etc

(1) Subject to subsection (2), where a sample has been taken from a person under this Part, unless such a person has given consent in accordance with section 64(3AC), all such samples and all information derived from such samples shall be destroyed as soon as possible following a decision not to institute criminal proceedings against the person or on the conclusion of such proceedings otherwise than with a conviction.

(2) Subsection (1) above shall not apply—

(a) where the record, sample or information in question is of the same kind as a record, a sample or, as the case may be, information lawfully held in relation to the person; or

(b) where the person is cautioned for a recordable offence or given a warning or reprimand in accordance with the Crime and Disorder Act 1998 for a recordable offence in connection with the decision not to institute criminal proceedings or following the withdrawal or cessation of criminal proceedings; or

(c) where sections 64C or 64D apply.

(3) For the purposes of this section, criminal proceedings shall not be deemed to have concluded until the earlier of either (1) the lapse of any applicable appeal period or (2) a decision is made not to appeal such proceedings.

64C Retention of samples etc (violent and sexual offences)

(1) This section applies where any sample has been taken from a person under this Part where criminal proceedings were instituted against such person in respect of a sexual offence or violent offence and such proceedings concluded otherwise than with a conviction or with the person being cautioned for a recordable offence or given a warning or reprimand in accordance with the Crime and Disorder Act 1998 for a recordable offence.

(2) Subject to subsections (6) and (7) below, the sample and any information derived therefrom shall be destroyed no later than—

(a) 3 years following the conclusion of the proceedings ("the initial retention date"); or

(b) such later date as may be ordered under subsection (3).

(3) On application made by a chief officer of police within the period of 3 months before the initial retention date, the Crown Court, if satisfied that there are reasonable grounds for doing so, may make an order amending, or further amending, the date of destruction of the relevant sample and any information derived therefrom.

(4) An order under subsection (3) shall not specify a date more than 2 years later than the initial retention date.

(5) Any decisions of the Crown Court may be appealed to the Court of Appeal within 21 days of such decision.

(6) Subsection (2) does not apply where—

(a) an application under subsection (3) has been made but has not been determined;

(b) the period within which an appeal may be brought under subsection (5) against a decision to refuse an application has not elapsed; or

(c) such an appeal has been brought but has not been withdrawn or finally determined.

(7) Where—

(a) the period within which an appeal referred to in subsection (5) has elapsed without such an appeal being brought; or

(b) such an appeal is brought and is withdrawn or finally determined without any extension of the time period referred to in subsection (2), the sample and any information derived therefrom shall be destroyed as soon as possible thereafter.

(8) For the purposes of this Part a "sexual offence" or "violent offence" shall mean such offences of a violent or sexual nature as shall be set out in any order made by the Secretary of State with reference to this section.

64D Retention of Samples—Residual Power

(1) On application by a chief officer of police, the Crown Court may make an order requiring the retention of a sample taken from a person and any information derived therefrom, in circumstances where such a sample and any information derived therefrom would otherwise be required to be destroyed, if it has reasonable grounds to believe that—

(a) there is a serious risk of harm to the public or a section of the public; or

(b) such retention would prevent, inhibit, restrict or disrupt involvement by the person in the commission of a sexual offence or violent offence.

(2) An order under this section is not to be in force for more than 5 years beginning with the date of the commencement of the order.

(3) Any decision of the Crown Court may be appealed to the Court of Appeal within 21 days of such a decision.

(4) Where an application has been made for an order under this section, the relevant sample and any information derived therefrom shall not be destroyed until such application and any appeal thereof has been determined."

(2) At the end of section 113(1) of that Act insert—

"provided always that the protections in Part 5 relating to the retention of samples and any information derived therefrom shall also be applicable to persons investigated or under arrest under such Acts"."