My Lords, I shall speak also to Amendment 22. These amendments deal with two provisions about speculative searches. Clause 1, on the destruction of fingerprints and the DNA profile, and Clause 22, on the destruction of samples, state that they do not prevent a speculative search, "““within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable””."
My amendments relate to the term ““desirable”” and propose wording taken from Clause 15, whereby, instead of when it is ““desirable””, fingerprints and DNA can be kept when, "““necessary for the prevention or detection of crime, or the investigation of an offence””."
Without wanting unduly to hinder the police's discretion, it seems to me that those two provisions are very wide. The Explanatory Notes states that the material could be retained for a ““short period””. I do not read that into the two clauses. Perhaps the Minister can help me with that and about what limitations there might be on this apparently wide provision. I beg to move.
Protection of Freedoms Bill
Proceeding contribution from
Baroness Hamwee
(Liberal Democrat)
in the House of Lords on Tuesday, 29 November 2011.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Protection of Freedoms Bill.
About this proceeding contribution
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2010-12Chamber / Committee
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