Office of Public Sector Information
PART 1 continued
(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,”.
(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.”.
(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—
corresponding to those of a police force, or
otherwise involving the investigation or prosecution of offences;
“police force” means any of the following—
the metropolitan police force;
a police force maintained under section 2 of the Police Act 1996 (c. 16) (police forces in England and Wales outside London);
the City of London police force;
any police force maintained under or by virtue of section 1 of the Police (Scotland) Act 1967 (c. 77);
the Police Service of Northern Ireland;
the Police Service of Northern Ireland Reserve;
the Ministry of Defence Police;
the Royal Navy Police;
the Royal Military Police;
the Royal Air Force Police;
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).
(1) A person may disclose information to any of the intelligence services for the purposes of the exercise by that service of any of its functions.
(2) Information obtained by any of the intelligence services in connection with the exercise of any of its functions may be used by that service in connection with the exercise of any of its other functions.
(3) Information obtained by the Security Service for the purposes of any of its functions may be disclosed by it—
(a) for the purpose of the proper discharge of its functions,
(b) for the purpose of the prevention or detection of serious crime, or
(c) for the purpose of any criminal proceedings.
(4) Information obtained by the Secret Intelligence Service for the purposes of any of its functions may be disclosed by it—
(a) for the purpose of the proper discharge of its functions,
(b) in the interests of national security,
(c) for the purpose of the prevention or detection of serious crime, or
(d) for the purpose of any criminal proceedings.
(5) Information obtained by GCHQ for the purposes of any of its functions may be disclosed by it—
(a) for the purpose of the proper discharge of its functions, or
(b) for the purpose of any criminal proceedings.
(6) A disclosure under this section does not breach—
(a) any obligation of confidence owed by the person making the disclosure, or
(b) any other restriction on the disclosure of information (however imposed).
(7) The provisions of this section are subject to section 20 (savings and other supplementary provisions).
(1) The provisions of section 19 (disclosure and use of information) do not affect the duties with respect to the obtaining or disclosure of information imposed—
(a) on the Director-General of the Security Service, by section 2(2) of the Security Service Act 1989;
(b) on the Chief of the Intelligence Service, by section 2(2) of the Intelligence Services Act 1994;
(c) on the Director of GCHQ, by section 4(2) of that Act.
(2) Nothing in that section authorises a disclosure that—
(a) contravenes the Data Protection Act 1998 (c. 29), or
(b) is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000 (c. 23).
(3) The provisions of that section are without prejudice to any rule of law authorising the obtaining, use or disclosure of information by any of the intelligence services.
(4) Schedule 1 contains amendments consequential on that section.
(1) In sections 19 and 20 “the intelligence services” means the Security Service, the Secret Intelligence Service and GCHQ.
(2) References in section 19 to the functions of those services are—
(a) in the case of the Security Service, to the functions specified in section 1(2) to (4) of the Security Service Act 1989 (c. 5);
(b) in the case of the Secret Intelligence Service, to the functions specified in section 1(1)(a) and (b) of the Intelligence Services Act 1994 (c. 13), exercised in accordance with section 1(2) of that Act;
(c) in the case of GCHQ—
(i) to the functions specified in section 3(1)(a) of that Act, exercised in accordance with section 3(2) of that Act, and
(ii) to the functions specified in section 3(1)(b) of that Act.
(3) In sections 19, 20 and this section “GCHQ” has the same meaning as in the Intelligence Services Act 1994 (see section 3(3) of that Act).
(4) Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention” and “detection”), so far as it relates to serious crime, applies for the purposes of section 19 as it applies for the purposes of the provisions of that Act not contained in Chapter 1 of Part 1.
Counter-terrorism Act 2008