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Amendments to the Terrorism Bill

Terrorism Bill -
Amendments to be debated in the House of Lords

Here you can browse the Amendments to the Terrorism Bill to be moved in Committee in the House of Lords.

  
Schedule 4
 
  
BY THE LORD BASSAM OF BRIGHTON
 
     Page 86, line 31, after ("Wales") insert ("or Scotland") 
  
Schedule 8
 
  
BY THE LORD BASSAM OF BRIGHTON
[In substitution for the tenth amendment to Schedule 8 printed on sheet HL Bill 49(e)]
 
     Page 114, line 15, leave out paragraphs 10 to 15 and insert--
 
    ("9A.--(1) This paragraph applies where a person is detained in England, Wales or Northern Ireland under Schedule 7 or section 41.
 
    (2)  Fingerprints may be taken from the detained person only if they are taken by a constable--
    (a)  with the appropriate consent given in writing, or
    (b)  without that consent under sub-paragraph (4).
    (3)  A non-intimate sample may be taken from the detained person only if it is taken by a constable--
    (a)  with the appropriate consent given in writing, or
    (b)  without that consent under sub-paragraph (4).
    (4)  Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if--
    (a)  he is detained at a police station and a police officer of at least the rank of superintendent authorises the fingerprints or sample to be taken, or
    (b)  he has been convicted of a recordable offence and, where a non-intimate sample is to be taken, he was convicted of the offence on or after 10th April 1995 (or 29th July 1996 where the non-intimate sample is to be taken in Northern Ireland).
    (5)  An intimate sample may be taken from the detained person only if--
    (a)  he is detained at a police station,
    (b)  the appropriate consent is given in writing,
    (c)  a police officer of at least the rank of superintendent authorises the sample to be taken, and
    (d)  subject to paragraph 9D(2) and (3), the sample is taken by a constable.
    (6)  An officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if--
    (a)  in the case of a person detained under section 41, the officer reasonably suspects that the person has been involved in an offence under any of the provisions mentioned in section 40(1)(a), and the officer reasonably believes that the fingerprints or sample will tend to confirm or disprove his involvement, or
    (b)  in any case, the officer is satisfied that the taking of the fingerprints or sample from the person is necessary in order to assist in determining whether he falls within section 40(1)(b).
    (7)  If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.
 
    9B.--(1) Before fingerprints or a sample are taken from a person under paragraph 9A, he shall be informed--
    (a)  that the fingerprints or sample may be used for the purposes of paragraph 9E(4), section 63A(1) of the Police and Criminal Evidence Act 1984 and Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), and
    (b)  where the fingerprints or sample are to be taken under paragraph 9A(2)(a), (3)(a) or (4)(b), of the reason for taking the fingerprints or sample.
    (2)  Before fingerprints or a sample are taken from a person upon an authorisation given under paragraph 9A(4)(a) or (5)(c), he shall be informed--
    (a)  that the authorisation has been given,
    (b)  of the grounds upon which it has been given, and
    (c)  where relevant, of the nature of the offence in which it is suspected that he has been involved.
    (3)  After fingerprints or a sample are taken under paragraph 9A, there shall be recorded as soon as is reasonably practicable any of the following which apply--
    (a)  the fact that the person has been informed in accordance with sub-paragraphs (1) and (2),
    (b)  the reason referred to in sub-paragraph (1)(b),
    (c)  the authorisation given under paragraph 9A(4)(a) or (5)(c),
    (d)  the grounds upon which that authorisation has been given, and
    (e)  the fact that the appropriate consent has been given.
    9C.--(1) This paragraph applies where--
    (a)  two or more non-intimate samples suitable for the same means of analysis have been taken from a person under paragraph 9A,
    (b)  those samples have proved insufficient, and
    (c)  the person has been released from detention.
    (2)  An intimate sample may be taken from the person if--
    (a)  the appropriate consent is given in writing,
    (b)  a police officer of at least the rank of superintendent authorises the sample to be taken, and
    (c)  subject to paragraph 9D(2) and (3), the sample is taken by a constable.
    (3)  Paragraphs 9A(6) and (7) and 9B shall apply in relation to the taking of an intimate sample under this paragraph; and a reference to a person detained under section 41 shall be taken as a reference to a person who was detained under section 41 when the non-intimate samples mentioned in sub-paragraph (1)(a) were taken.
 
    9D.--(1) Where appropriate written consent to the taking of an intimate sample from a person under paragraph 9A or 9C is refused without good cause, in any proceedings against that person for an offence--
    (a)  the court, in determining whether to commit him for trial or whether there is a case to answer, may draw such inferences from the refusal as appear proper, and
    (b)  the court or jury, in determining whether that person is guilty of the offence charged, may draw such inferences from the refusal as appear proper.
    (2)  An intimate sample other than a sample of urine or a dental impression may be taken under paragraph 9A or 9C only by a registered medical practitioner acting on the authority of a constable.
 
    (3)  An intimate sample which is a dental impression may be taken under paragraph 9A or 9C only by a registered dentist acting on the authority of a constable.
 
    (4)  Where a sample of hair other than pubic hair is to be taken under paragraph 9A the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.
 
    9E.--(1) This paragraph applies to--
    (a)  fingerprints or samples taken under paragraph 9A or 9C, and
    (b)  information derived from those samples.
    (2)  The fingerprints, samples or information may be used only for the purpose of a terrorist investigation.
 
    (3)  In particular, a check may not be made against them under--
    (a)  section 63A(1) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples), or
    (b)  Article 63A(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples),
except for the purpose of a terrorist investigation.
 
    (4)  The fingerprints, samples or information may be checked, subject to sub-paragraph (2), against--
    (a)  other fingerprints or samples taken under paragraph 9A or 9C or information derived from those samples,
    (b)  relevant physical data or samples taken by virtue of paragraph 22,
    (c)  any of the fingerprints, samples and information mentioned in section 63A(1)(a) and (b) of the Police and Criminal Evidence Act 1984 (checking of fingerprints and samples),
    (d)  any of the fingerprints, samples and information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (checking of fingerprints and samples), and
    (e)  fingerprints or samples taken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989 or information derived from those samples.
    (5)  This paragraph (other than sub-paragraph (4)) shall apply to fingerprints or samples taken under section 15(9) of, or paragraph 7(5) of Schedule 5 to, the Prevention of Terrorism (Temporary Provisions) Act 1989 and information derived from those samples as it applies to fingerprints or samples taken under paragraph 9A or 9C and the information derived from those samples.
 
    9F.--(1) In the application of paragraphs 9A to 9E in relation to a person detained in England or Wales the following expressions shall have the meaning given by section 65 of the Police and Criminal Evidence Act 1984 (Part V definitions)--
    (a)  appropriate consent",
    (b)  fingerprints",
    (c)  insufficient",
    (d)  intimate sample",
    (e)  non-intimate sample",
    (f)  registered dentist", and
    (g)  sufficient".
    (2)  In the application of paragraphs 9A to 9E in relation to a person detained in Northern Ireland the expressions listed in sub-paragraph (1) shall have the meaning given by Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions).
 
    (3)  In paragraph 9A "recordable offence" shall have--
    (a)  in relation to a person detained in England or Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984 (general interpretation), and
    (b)  in relation to a person detained in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (definitions).")
 
     Page 116, line 18, at end insert ("or where paragraph 19(3A) applies") 
     Page 116, line 28, at end insert ("or where paragraph 19(3A) applies") 
     Page 116, line 47, at end insert ("or where paragraph 19(3A) applies") 
     Page 117, leave out lines 22 to 24 and insert--
 
    ("(3)  The grounds mentioned in paragraphs 17(2) and (5) and 18(4) and in sub-paragraph (1) are--
    (a)  that it is in the interests of the investigation or prevention of crime;
    (b)  that it is in the interests of the apprehension, prosecution or conviction of offenders;
    (c)  that it will further the recovery of property obtained as a result of the commission of an offence or in respect of which a forfeiture order could be made under section 23;
    (d)  that it will further the operation of Part VI of the Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995 or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence).")
 
     Page 117, line 24, at end insert--
 
    ("(3A)  This sub-paragraph applies where an officer mentioned in paragraph 17(2) or (5) or 18(4) has reasonable grounds for believing that--
    (a)  the detained person has committed an offence to which Part VI of the Criminal Justice Act 1988, Part I of the Proceeds of Crime (Scotland) Act 1995 or the Proceeds of Crime (Northern Ireland) Order 1996 (confiscation of the proceeds of an offence) applies,
    (b)  the detained person has benefited from the offence within the meaning of that Part or Order, and
    (c)  by informing the named person of the detained person's detention (in the case of an authorisation under paragraph 17(2)), or by the exercise of the entitlement under paragraph 17(4) (in the case of an authorisation under paragraph 17(5) or by sending intimation to a parent or allowing him access to a child (in the case of an authorisation under paragraph 18(4)), the recovery of the value of that benefit will be hindered.")
 
     Page 117, line 45, leave out ("section 41 or Schedule 7") and insert ("Schedule 7 or section 41 at a police station in Scotland") 
 
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