Counter-Terrorism Act 2008

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 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 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—

(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.”.

(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 “other fingerprints—

(a) 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

(b) which are held by or on behalf of the Security Service or the Secret Intelligence Service.”.

(4) In section 64(1A) (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) of that section (inserted by section 10), insert—

“(1AB) The fingerprints, impressions of footwear 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 prosecution, or

(c) for purposes related to the identification of a deceased person or of the person from whom the material came.”.

(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. 1989/1341 (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 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 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

(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 “other fingerprints—

(a) 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

(b) which are held by or on behalf of the Security Service or the Secret Intelligence Service.”.

(4) In Article 64(1A) (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) of that Article (inserted by section 12) insert—

“(1AB) The fingerprints, impressions of footwear 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 prosecution, or

(c) for purposes related to the identification of a deceased person or of the person from whom the material came.”.

(6) In paragraph (1B) of that Article, after “(1AA)” (inserted by section 12) insert “or (1AB)”.

16 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 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)”.

(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 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 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) 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,

(b) in the interests of national security, or

(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 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 “, 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 Evidence Act 1984 (c. 60) (checking of fingerprints and samples), and

(c) material to which section 18 of the Counter-Terrorism Act 2008 applies.”.

18 Material not subject to existing statutory restrictions

(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 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

(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—

(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),

(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)—

(a) the reference to using material includes allowing a check to be made against it, or against information derived from it, or disclosing it to any person;

(b) the reference to crime includes any conduct that—

(i) constitutes a criminal offence (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or

(ii) is, or corresponds to, conduct that, if it took place in the United Kingdom, would constitute a criminal offence;

(c) the references to investigation and prosecution include, respectively, the investigation outside the United Kingdom of a crime or suspected crime and a prosecution brought in respect of a crime in a country or territory outside the United Kingdom.

(5) In this section—

• “DNA sample” means any material that has come from a human body and consists of or includes human cells;

• “DNA profile” means any information derived from a DNA sample;

• “fingerprints” means a record (in any form and produced by any method) of the skin pattern and other physical characteristics or features of a person’s fingers or either of a person’s palms;

• “law enforcement authority” means a police force, the Serious Organised Crime Agency or the Commissioners for Her Majesty’s Revenue and Customs or an authority having functions under the law of a country or territory outside the United Kingdom—

  (a)

  corresponding to those of a police force, or

  (b)

  otherwise involving the investigation or prosecution of offences;

• “police force” means any of the following—

  (a)

  the metropolitan police force;

  (b)

  a police force maintained under section 2 of the Police Act 1996 (c. 16) (police forces in England and Wales outside London);

  (c)

  the City of London police force;

  (d)

  any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (c. 77);

  (e)

  the Police Service of Northern Ireland;

  (f)

  the Police Service of Northern Ireland Reserve;

  (g)

  the Ministry of Defence Police;

  (h)

  the Royal Navy Police;

  (i)

  the Royal Military Police;

  (j)

  the Royal Air Force Police;

  (k)

  the British Transport Police.

(6) The following are “the existing statutory restrictions” referred to in subsection (1)—

(a) sections 63A and 64 of the Police and Criminal Evidence Act 1984 (c. 60);

(b) Articles 63A and 64 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

(c) paragraph 14 or 20(3) of Schedule 8 to the Terrorism Act 2000 (c. 11);

(d) section 2(2) of the Security Service Act 1989 (c. 5);

(e) section 1(2) of the Intelligence Services Act 1994 (c. 13).