This snapshot, taken on

10/08/2011

, shows web content acquired for preservation by The National Archives. External links, forms and search may not work in archived websites and contact details are likely to be out of date.

More about the UK Government Web Archive

See all dates available for this archived website

The UK Government Web Archive does not use cookies but some may be left in your browser from archived websites.

More about cookies

Part 2: Regulation of surveillance
- REGULATION OF CCTV AND OTHER SURVEILLANCE CAMERA TECHNOLOGY
  - Code of practice
    - 29. Code of practice for surveillance camera systems[11]
  - Procedural requirements
  - Enforcement and Commissioner
  - Interpretation
    - 36. Interpretation: Chapter 1[0]
- SAFEGUARDS FOR CERTAIN SURVEILLANCE UNDER RIPA
  - 37. Judicial approval for obtaining or disclosing communications data[1]
  - 38. Judicial approval for directed surveillance and covert human intelligence sources[7]

Part 3: Protection of Property from Disproportionate Enforcement Action
- POWERS OF ENTRY
  - Repealing, adding safeguards or rewriting powers of entry
  - Repealing, adding safeguards or rewriting powers of entry
- VEHICLES LEFT ON LAND
  - Offence of immobilising etc. vehicles
    - 54. Offence of immobilising etc. vehicles[29]
  - Alternative remedies in relation to vehicles left on land
    - 55. Extension of powers to remove vehicles from land[3]
    - 56. Recovery of unpaid parking charges[105]

Part 4: Counter-terrorism Powers
- Pre-charge detention of terrorist suspects
  - 57. Permanent reduction of maximum detention period to 14 days[17]
- Stop and search powers: general
- Stop and search powers: Northern Ireland
  - 62. Stop and search powers in relation to Northern Ireland[0]

Part 5: Safeguarding Vulnerable Groups, Criminal Records etc.
- SAFEGUARDING OF VULNERABLE GROUPS
  - Restrictions on scope of regulation
  - Abolition of other areas of regulation
    - 67. Abolition of controlled activity[1]
    - 68. Abolition of monitoring[2]
  - Main amendments relating to new arrangements
  - Other amendments
- CRIMINAL RECORDS
  - Safeguards in relation to certificates
  - Up-dating and content of certificates
    - 80. Up-dating certificates[2]
    - 81. Criminal conviction certificates: conditional cautions[4]
- DISREGARDING CERTAIN CONVICTIONS FOR BUGGERY ETC.
  - General
  - Effect of disregard
  - Appeals and other supplementary provision

Part 6: Freedom of Information and Data Protection
- Publication of certain datasets
  - 92. Release and publication of datasets held by public authorities[8]
- Other amendments relating to freedom of information
  - 93. Meaning of "publicly-owned company"[29]
  - 94. Extension of certain provisions to Northern Ireland bodies[0]
- The Information Commissioner

Part 7: Miscellaneous and General
- Miscellaneous repeals of enactments
  - 99. Repeal of provisions for conducting certain fraud cases without jury[12]
  - 100. Removal of restrictions on times for marriage or civil partnership[8]
- General

Schedules

6. Persons convicted of an offence outside England and Wales

After section 63H of the Police and Criminal Evidence Act 1984 (for which see section 5) insert -

“63I Retention of material: persons convicted of an offence outside England and Wales

This section applies to material falling within subsection (2) relating to a person who is convicted of an offence under the law of any country or territory outside England and Wales.
Material falls within this subsection if it is -
1. fingerprints taken from the person under section 61(6D) (power to take fingerprints without consent in relation to offences outside England and Wales), or
2. a DNA profile derived from a DNA sample taken from the person under section 62(2A) or 63(3E) (powers to take intimate and non-intimate samples in relation to offences outside England and Wales).
The material may be retained indefinitely.”

The Public Reading Stage was open for comments for three weeks from 15 February to 7 March 2011 and has now closed. Your suggestions will be considered by Parliamentarians as the Bill passes through the House of Commons. Thank you for your suggestions.

4 Responses to 6. Persons convicted of an offence outside England and Wales

D Baker says:
February 15, 2011 at 10:34 am

If the offence was not breaking any of our own countries laws then the data should be destroyed.

All the data should be dealt with according to our laws, if the data was obtained in a way that would not be allowed in this country then it should be destroyed.

The data should not be held indefinitely by default it should be held in accordance with the previous sections of this bill.

I am only talking about British citizens and not citizens of other countries.
- grumpy old woman says:
  March 5, 2011 at 12:59 pm
  
  In one breath we support the Government looking into the ECoHR decision in the S v Marper case and in another we say that we should not retain biometric data of those who commit offences outside of the UK.
  
  Where we believe that the UK should abide by and adapt to decisions taken by the ECoHR then we should remember that we are a part of Europe and so, at the very least, we should consider those offences committed by UK nationals which contravene the laws of other European countries.
  
  We should also remember that in this day of modern technology it is not unheard of for offences to be committed abroad without the perpetrator ever leaving UK soil.
Neil Macehiter says:
February 16, 2011 at 9:12 pm

Why is this material held indefinitely by default
John Jackson says:
February 19, 2011 at 3:00 pm

There can be no justification for keeping material, unless the offence is a “Qualifying Offence” in the UK.

Subscribe to the comments feed