Crime and Security Act 2010

(64ZA) (1) A DNA sample to which Article 64 applies must be destroyed— (a) as soon as a DNA profile has been derived from the sample, or (b) if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken. (2) Any other sample to which Article 64 applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken. (64ZB) (1) This Article applies to— (a) fingerprints or impressions of footwear taken in connection with the investigation of an offence with the consent of the person from whom they were taken, and (b) a DNA profile derived from a DNA sample taken in connection with the investigation of an offence with the consent of the person from whom the sample was taken. (2) Material to which this Article applies must be destroyed as soon as it has fulfilled the purpose for which it was taken or derived, unless it is— (a) material relating to a person who is convicted of the offence, (b) material relating to a person who has previously been convicted of a recordable offence, other than a person who has only one exempt conviction, (c) material in relation to which any of Articles 64ZC to 64ZH applies, or (d) material which is not required to be destroyed by virtue of consent given under Article 64ZL. (3) If material to which this Article applies leads to the person to whom the material relates being arrested for or charged with an offence other than the offence under investigation— (a) the material is not required to be destroyed by virtue of this Article, and (b) Articles 64ZD to 64ZH have effect in relation to the material as if the material was taken (or, in the case of a DNA profile, was derived from material taken) in connection with the investigation of the offence in respect of which the person is arrested or charged. (64ZC) (1) This Article applies to material falling within paragraph (2) relating to a person who— (a) has no previous convictions or only one exempt conviction, and (b) is subject to a control order. (2) Material falls within this paragraph if it is— (a) fingerprints taken from the person, or (b) a DNA profile derived from a DNA sample taken from the person. (3) The material must be destroyed before the end of the period of 2 years beginning with the date on which the person ceases to be subject to a control order. (4) This Article ceases to have effect in relation to the material if the person is convicted— (a) in England and Wales or Northern Ireland of a recordable offence, or (b) in Scotland of an offence which is punishable by imprisonment, before the material is required to be destroyed by virtue of this Article. (5) For the purposes of paragraph (1)— (a) a person has no previous convictions if the person has not previously been convicted— (i) in England and Wales or Northern Ireland of a recordable offence, or (ii) in Scotland of an offence which is punishable by imprisonment, and (b) if the person has been previously convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence other than a qualifying offence, committed when the person is aged under 18. (6) For the purposes of that paragraph— (a) a person is to be treated as having been convicted of an offence if— (i) he has been given a caution in England and Wales or Northern Ireland in respect of the offence which, at the time of the caution, he has admitted, or (ii) he has been warned or reprimanded under section 65 of the Crime and Disorder Act 1998 for the offence, and (b) if a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction. (7) In this Article— (a) “recordable offence” has, in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, and (b) “qualifying offence” has, in relation to a conviction in respect of a recordable offence committed in England and Wales, the meaning given by section 65A of that Act. (64ZD) (1) This Article applies to material falling within paragraph (2) relating to a person who— (a) has no previous convictions or only one exempt conviction, (b) is arrested for or charged with a recordable offence, and (c) is aged 18 or over at the time of the alleged offence. (2) Material falls within this paragraph if it is— (a) fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or (b) a DNA profile derived from a DNA sample so taken. (3) The material must be destroyed— (a) in the case of fingerprints or impressions of footwear, before the end of the period of 6 years beginning with the date on which the fingerprints or impressions were taken, (b) in the case of a DNA profile, before the end of the period of 6 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken). (4) But if, before the material is required to be destroyed by virtue of this Article, the person is arrested for or charged with a recordable offence the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge. (5) This Article ceases to have effect in relation to the material if the person is convicted of a recordable offence before the material is required to be destroyed by virtue of this Article. (64ZE) (1) This Article applies to material falling within paragraph (2) relating to a person who— (a) has no previous convictions or only one exempt conviction, (b) is arrested for or charged with a recordable offence other than a qualifying offence, and (c) is aged under 18 at the time of the alleged offence. (2) Material falls within this paragraph if it is— (a) fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or (b) a DNA profile derived from a DNA sample so taken. (3) The material must be destroyed— (a) in the case of fingerprints or impressions of footwear, before the end of the period of 3 years beginning with the date on which the fingerprints or impressions were taken, (b) in the case of a DNA profile, before the end of the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken). (4) But if, before the material is required to be destroyed by virtue of this Article, the person is arrested for or charged with a recordable offence— (a) where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge, (b) where— (i) the alleged offence is not a qualifying offence, and (ii) the person is aged under 18 at the time of the alleged offence, the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge, (c) where— (i) the alleged offence is a qualifying offence, and (ii) the person is aged under 16 at the time of the alleged offence, the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge, (d) where— (i) the alleged offence is a qualifying offence, and (ii) the person is aged 16 or 17 at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge, (e) where— (i) the person is convicted of the offence, (ii) the offence is not a qualifying offence, (iii) the person is aged under 18 at the time of the offence, and (iv) the person has no previous convictions, the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge. (5) This Article ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this Article, the person— (a) is convicted of a recordable offence and is aged 18 or over at the time of the offence, (b) is convicted of a qualifying offence, or (c) having a previous exempt conviction, is convicted of a recordable offence. (64ZF) (1) This Article applies to material falling within paragraph (2) relating to a person who— (a) has no previous convictions or only one exempt conviction, (b) is arrested for or charged with a qualifying offence, and (c) is aged under 16 at the time of the alleged offence. (2) Material falls within this paragraph if it is— (a) fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or (b) a DNA profile derived from a DNA sample so taken. (3) The material must be destroyed— (a) in the case of fingerprints or impressions of footwear, before the end of the period of 3 years beginning with the date on which the fingerprints or impressions were taken, (b) in the case of a DNA profile, before the end of the period of 3 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken). (4) But if, before the material is required to be destroyed by virtue of this Article, the person is arrested for or charged with a recordable offence— (a) where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge, (b) where— (i) the alleged offence is not a qualifying offence, and (ii) the person is aged under 18 at the time of the alleged offence, the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge, (c) where— (i) the alleged offence is a qualifying offence, and (ii) the person is aged under 16 at the time of the alleged offence, the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge, (d) where— (i) the alleged offence is a qualifying offence, and (ii) the person is aged 16 or 17 at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge, (e) where— (i) the person is convicted of the offence, (ii) the offence is not a qualifying offence, (iii) the person is aged under 18 at the time of the offence, and (iv) the person has no previous convictions, the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge. (5) This Article ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this Article, the person— (a) is convicted of a recordable offence and is aged 18 or over at the time of the offence, (b) is convicted of a qualifying offence, or (c) having a previous exempt conviction, is convicted of a recordable offence. (64ZG) (1) This Article applies to material falling within paragraph (2) relating to a person who— (a) has no previous convictions or only one exempt conviction, (b) is arrested for or charged with a qualifying offence, and (c) is aged 16 or 17 at the time of the alleged offence. (2) Material falls within this paragraph if it is— (a) fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or (b) a DNA profile derived from a DNA sample so taken. (3) The material must be destroyed— (a) in the case of fingerprints or impressions of footwear, before the end of the period of 6 years beginning with the date on which the fingerprints or impressions were taken, (b) in the case of a DNA profile, before the end of the period of 6 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken). (4) But if, before the material is required to be destroyed by virtue of this Article, the person is arrested for or charged with a recordable offence— (a) where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge, (b) where— (i) the alleged offence is not a qualifying offence, and (ii) the person is aged under 18 at the time of the alleged offence, the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge, (c) where— (i) the alleged offence is a qualifying offence, and (ii) the person is aged 16 or 17 at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge, (d) where— (i) the person is convicted of the offence, (ii) the offence is not a qualifying offence, (iii) the person is aged under 18 at the time of the offence, and (iv) the person has no previous convictions, the material may be further retained until the end of the period of 5 years beginning with the date of the arrest or charge. (5) This Article ceases to have effect in relation to the material if, before the material is required to be destroyed by virtue of this Article, the person— (a) is convicted of a recordable offence and is aged 18 or over at the time of the offence, (b) is convicted of a qualifying offence, or (c) having a previous exempt conviction, is convicted of a recordable offence. (64ZH) (1) This Article applies to material falling within paragraph (2) relating to a person who— (a) has no previous convictions, (b) is convicted of a recordable offence other than a qualifying offence, and (c) is aged under 18 at the time of the offence. (2) Material falls within this paragraph if it is— (a) fingerprints or impressions of footwear taken from the person in connection with the investigation of the offence, or (b) a DNA profile derived from a DNA sample so taken. (3) The material must be destroyed— (a) in the case of fingerprints or impressions of footwear, before the end of the period of 5 years beginning with the date on which the fingerprints or impressions were taken, (b) in the case of a DNA profile, before the end of the period of 5 years beginning with the date on which the DNA sample from which the profile was derived was taken (or, if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken). (4) But if, before the material is required to be destroyed by virtue of this Article, the person is arrested for or charged with a recordable offence— (a) where the person is aged 18 or over at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge, (b) where— (i) the alleged offence is not a qualifying offence, and (ii) the person is aged under 18 at the time of the alleged offence, the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge, (c) where— (i) the alleged offence is a qualifying offence, and (ii) the person is aged under 16 at the time of the alleged offence, the material may be further retained until the end of the period of 3 years beginning with the date of the arrest or charge, (d) where— (i) the alleged offence is a qualifying offence, and (ii) the person is aged 16 or 17 at the time of the alleged offence, the material may be further retained until the end of the period of 6 years beginning with the date of the arrest or charge. (5) This Article ceases to have effect in relation to the material if the person is convicted of a further recordable offence before the material is required to be destroyed by virtue of this Article. (64ZI) (1) Any reference in Article 64ZB or Articles 64ZD to 64ZH to a person being charged with an offence includes a reference to a person being informed that he will be reported for an offence. (2) For the purposes of those Articles— (a) a person has no previous convictions if the person has not previously been convicted of a recordable offence, and (b) if the person has been previously convicted of a recordable offence, the conviction is exempt if it is in respect of a recordable offence other than a qualifying offence, committed when the person is aged under 18. (3) For the purposes of those Articles, a person is to be treated as having been convicted of an offence if he has been given a caution in respect of the offence which, at the time of the caution, he has admitted. (4) If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purpose of any provision of those Articles relating to an exempt, first or subsequent conviction. (5) Subject to the completion of any speculative search that the Chief Constable considers necessary or desirable, material falling within any of Articles 64ZD to 64ZH must be destroyed immediately if it appears to the Chief Constable that— (a) the arrest was unlawful, (b) the taking of the fingerprints, impressions of footwear or DNA sample concerned was unlawful, (c) the arrest was based on mistaken identity, or (d) other circumstances relating to the arrest or the alleged offence mean that it is appropriate to destroy the material. (64ZJ) Fingerprints taken from a person by virtue of Article 61(6A) (taking fingerprints for the purposes of identification) must be destroyed as soon as they have fulfilled the purpose for which they were taken. (64ZK) (1) Paragraph (2) applies if the Chief Constable determines that it is necessary for— (a) a DNA profile to which Article 64 applies, or (b) fingerprints to which Article 64 applies, other than fingerprints taken under Article 61(6A), to be retained for the purposes of national security. (2) Where this paragraph applies— (a) the material is not required to be destroyed in accordance with Articles 64ZB to 64ZH, and (b) Article 64ZN(2) does not apply to the material, for as long as the determination has effect. (3) A determination under paragraph (1) has effect for a maximum of 2 years beginning with the date on which the material would otherwise be required to be destroyed, but a determination may be renewed. (64ZL) (1) If a person consents in writing to the retention of fingerprints, impressions of footwear or a DNA profile to which Article 64 applies, other than fingerprints taken under Article 61(6A)— (a) the material is not required to be destroyed in accordance with Articles 64ZB to 64ZH, and (b) Article 64ZN(2) does not apply to the material. (2) It is immaterial for the purposes of paragraph (1) whether the consent is given at, before or after the time when the entitlement to the destruction of the material arises. (3) Consent given under this Article can be withdrawn at any time. (64ZM) (1) If fingerprints or impressions of footwear are required to be destroyed by virtue of any of Articles 64ZB to 64ZJ, any copies of the fingerprints or impressions of footwear must also be destroyed. (2) If a DNA profile is required to be destroyed by virtue of any of those Articles, no copy may be kept except in a form which does not include information which identifies the person to whom the DNA profile relates. (3) If a person makes a request to the Chief Constable to be notified when anything relating to the person is destroyed under any of Articles 64ZA to 64ZJ, the Chief Constable or a person authorised by the Chief Constable or on the Chief Constable's behalf must within 3 months of the request issue the person with a certificate recording the destruction. (64ZN) (1) Any material to which Article 64 applies which is retained after it has fulfilled the purpose for which it was taken or derived must not be used other than— (a) in the interests of national security, (b) for the purposes of a terrorist investigation, (c) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or (d) for purposes related to the identification of a deceased person or of the person to whom the material relates. (2) Material which is required to be destroyed by virtue of any of Articles 64ZA to 64ZJ, or of Article 64ZM, must not at any time after it is required to be destroyed be used— (a) in evidence against the person to whom the material relates, or (b) for the purposes of the investigation of any offence. (3) In this Article— (a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person, (b) the reference to crime includes a reference to any conduct which— (i) constitutes one or more criminal offences (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, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and (c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

• (3) In Article 53 of that Order, in paragraph (1)—

• (a) after the definition of “control order” there is inserted—

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

;

• (b) after the definition of “sufficient” and “insufficient” there is inserted—

“terrorist investigation” has the meaning given by section 32 of the Terrorism Act 2000.

• (4) In that Article, after paragraph (3) there is inserted—

(3A) In paragraph (3), the reference to the destruction of a sample does not include a reference to the destruction of a sample under Article 64ZA (requirement to destroy samples).

Material subject to the Criminal Procedure (Scotland) Act 1995

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Material subject to the Terrorism Act 2000

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Material subject to the Terrorism Act 2000 (Scotland)

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Material subject to the International Criminal Court Act 2001

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Material subject to the Counter-Terrorism Act 2008 (Scotland)

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Other material

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Destruction of material taken before commencement

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• (1) The Secretary of State must by order make provision for the destruction of—

• (a) fingerprints, samples and impressions of footwear taken prior to the commencement of each of sections 14, 15 and 17 to 21 which would have been destroyed if that section had been in force at the time they were taken, and

• (b) any DNA profile which would been destroyed if that section had been in force at the time the profile was derived.

• (2) If an order under section 113(1) of the Police and Criminal Evidence Act 1984 (application of that Act to Armed Forces) makes provision equivalent to sections 64 to 64ZN of that Act as substituted by section 14 above, the Secretary of State must by order make provision for the destruction of—

• (a) fingerprints, samples and impressions of footwear taken prior to the commencement of that order which would have been destroyed if that order had been in force at the time they were taken, and

• (b) any DNA profile which would been destroyed if that order had been in force at the time the profile was derived.

• (3) In this section—

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

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

• “ 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.

• (4) An order under this section must be made by statutory instrument.

• (5) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

National DNA Database Strategy Board

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Domestic violence

Power to issue a domestic violence protection notice

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• (1) A member of a police force not below the rank of superintendent (“the authorising officer”) may issue a domestic violence protection notice (“a DVPN”) under this section.

• (2) A DVPN may be issued to a person (“P”) aged 18 years or over if the authorising officer has reasonable grounds for believing that—

• (a) P has been violent towards, or has threatened violence towards, an associated person, and

• (b) the issue of the DVPN is necessary to protect that person from violence or a threat of violence by P.

• (3) Before issuing a DVPN, the authorising officer must, in particular, consider—

• (a) the welfare of any person under the age of 18 whose interests the officer considers relevant to the issuing of the DVPN (whether or not that person is an associated person),

• (b) the opinion of the person for whose protection the DVPN would be issued as to the issuing of the DVPN,

• (c) any representations made by P as to the issuing of the DVPN, and

• (d) in the case of provision included by virtue of subsection (8), the opinion of any other associated person who lives in the premises to which the provision would relate.

• (4) The authorising officer must take reasonable steps to discover the opinions mentioned in subsection (3).

• (5) But the authorising officer may issue a DVPN in circumstances where the person for whose protection it is issued does not consent to the issuing of the DVPN.

• (6) A DVPN must contain provision to prohibit P from molesting the person for whose protection it is issued.

• (7) Provision required to be included by virtue of subsection (6) may be expressed so as to refer to molestation in general, to particular acts of molestation, or to both.

• (8) If P lives in premises which are also lived in by a person for whose protection the DVPN is issued, the DVPN may also contain provision—

• (a) to prohibit P from evicting or excluding from the premises the person for whose protection the DVPN is issued,

• (b) to prohibit P from entering the premises,

• (c) to require P to leave the premises, or

• (d) to prohibit P from coming within such distance of the premises as may be specified in the DVPN.

• (9) An “associated person” means a person who is associated with P within the meaning of section 62 of the Family Law Act 1996.

• (10) Subsection (11) applies where a DVPN includes provision in relation to premises by virtue of subsection (8)(b) or (8)(c) and the authorising officer believes that—

• (a) P is a person subject to service law in accordance with sections 367 to 369 of the Armed Forces Act 2006, and

• (b) the premises fall within paragraph (a) of the definition of “service living accommodation” in section 96(1) of that Act.

• (11) The authorising officer must make reasonable efforts to inform P's commanding officer (within the meaning of section 360 of the Armed Forces Act 2006) of the issuing of the notice.

Contents and service of a domestic violence protection notice

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• (1) A DVPN must state—

• (a) the grounds on which it has been issued,

• (b) that a constable may arrest P without warrant if the constable has reasonable grounds for believing that P is in breach of the DVPN,

• (c) that an application for a domestic violence protection order under section 27 will be heard within 48 hours of the time of service of the DVPN and a notice of the hearing will be given to P,

• (d) that the DVPN continues in effect until that application has been determined, and

• (e) the provision that a magistrates' court may include in a domestic violence protection order.

• (2) A DVPN must be in writing and must be served on P personally by a constable.

• (3) On serving P with a DVPN, the constable must ask P for an address for the purposes of being given the notice of the hearing of the application for the domestic violence protection order.

Breach of a domestic violence protection notice

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• (1) A person arrested by virtue of section 25(1)(b) for a breach of a DVPN must be held in custody and brought before the magistrates' court which will hear the application for the DVPO under section 27—

• (a) before the end of the period of 24 hours beginning with the time of the arrest, or

• (b) if earlier, at the hearing of that application.

• (2) If the person is brought before the court by virtue of subsection (1)(a), the court may remand the person.

• (3) If the court adjourns the hearing of the application by virtue of section 27(8), the court may remand the person.

• (4) In calculating when the period of 24 hours mentioned in subsection (1)(a) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

Application for a domestic violence protection order

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• (1) If a DVPN has been issued, a constable must apply for a domestic violence protection order (“a DVPO”).

• (2) The application must be made by complaint to a magistrates' court.

• (3) The application must be heard by the magistrates' court not later than 48 hours after the DVPN was served pursuant to section 25(2).

• (4) In calculating when the period of 48 hours mentioned in subsection (3) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

• (5) A notice of the hearing of the application must be given to P.

• (6) The notice is deemed given if it has been left at the address given by P under section 25(3).

• (7) But if the notice has not been given because no address was given by P under section 25(3), the court may hear the application for the DVPO if the court is satisfied that the constable applying for the DVPO has made reasonable efforts to give P the notice.

• (8) The magistrates' court may adjourn the hearing of the application.

• (9) If the court adjourns the hearing, the DVPN continues in effect until the application has been determined.

• (10) On the hearing of an application for a DVPO, section 97 of the Magistrates' Courts Act 1980 (summons to witness and warrant for his arrest) does not apply in relation to a person for whose protection the DVPO would be made, except where the person has given oral or written evidence at the hearing.

Conditions for and contents of a domestic violence protection order

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• (1) The court may make a DVPO if two conditions are met.

• (2) The first condition is that the court is satisfied on the balance of probabilities that P has been violent towards, or has threatened violence towards, an associated person.

• (3) The second condition is that the court thinks that making the DVPO is necessary to protect that person from violence or a threat of violence by P.

• (4) Before making a DVPO, the court must, in particular, consider—

• (a) the welfare of any person under the age of 18 whose interests the court considers relevant to the making of the DVPO (whether or not that person is an associated person), and

• (b) any opinion of which the court is made aware—

• (i) of the person for whose protection the DVPO would be made, and

• (ii) in the case of provision included by virtue of subsection (8), of any other associated person who lives in the premises to which the provision would relate.

• (5) But the court may make a DVPO in circumstances where the person for whose protection it is made does not consent to the making of the DVPO.

• (6) A DVPO must contain provision to prohibit P from molesting the person for whose protection it is made.

• (7) Provision required to be included by virtue of subsection (6) may be expressed so as to refer to molestation in general, to particular acts of molestation, or to both.

• (8) If P lives in premises which are also lived in by a person for whose protection the DVPO is made, the DVPO may also contain provision—

• (a) to prohibit P from evicting or excluding from the premises the person for whose protection the DVPO is made,

• (b) to prohibit P from entering the premises,

• (c) to require P to leave the premises, or

• (d) to prohibit P from coming within such distance of the premises as may be specified in the DVPO.

• (9) A DVPO must state that a constable may arrest P without warrant if the constable has reasonable grounds for believing that P is in breach of the DVPO.

• (10) A DVPO may be in force for—

• (a) no fewer than 14 days beginning with the day on which it is made, and

• (b) no more than 28 days beginning with that day.

• (11) A DVPO must state the period for which it is to be in force.

Breach of a domestic violence protection order

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• (1) A person arrested by virtue of section 28(9) for a breach of a DVPO must be held in custody and brought before a magistrates' court within the period of 24 hours beginning with the time of the arrest.

• (2) If the matter is not disposed of when the person is brought before the court, the court may remand the person.

• (3) In calculating when the period of 24 hours mentioned in subsection (1) ends, Christmas Day, Good Friday, any Sunday and any day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 are to be disregarded.

Further provision about remand

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• (1) This section applies for the purposes of the remand of a person by a magistrates' court under section 26(2) or (3) or 29(2).

• (2) In the application of section 128(6) of the Magistrates' Courts Act 1980 for those purposes, the reference to the “other party” is to be read—

• (a) in the case of a remand prior to the hearing of an application for a DVPO, as a reference to the authorising officer,

• (b) in any other case, as a reference to the constable who applied for the DVPO.

• (3) If the court has reason to suspect that a medical report will be required, the power to remand a person may be exercised for the purpose of enabling a medical examination to take place and a report to be made.

• (4) If the person is remanded in custody for that purpose, the adjournment may not be for more than 3 weeks at a time.

• (5) If the person is remanded on bail for that purpose, the adjournment may not be for more than 4 weeks at a time.

• (6) If the court has reason to suspect that the person is suffering from a mental disorder within the meaning of the Mental Health Act 1983, the court has the same power to make an order under section 35 of that Act (remand to hospital for medical report) as it has under that section in the case of an accused person (within the meaning of that section).

• (7) The court may, when remanding the person on bail, require the person to comply, before release on bail or later, with such requirements as appear to the court to be necessary to secure that the person does not interfere with witnesses or otherwise obstruct the course of justice.

Guidance

31

• (1) The Secretary of State may from time to time issue guidance relating to the exercise by a constable of functions under sections 24 to 30.

• (2) A constable must have regard to any guidance issued under subsection (1) when exercising a function to which the guidance relates.

• (3) Before issuing guidance under this section, the Secretary of State must consult—

• (a) the National Police Chiefs’ Council, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) such other persons as the Secretary of State thinks fit.

Ministry of Defence Police

32

• (1) A member of the Ministry of Defence Police not below the rank of superintendent may issue a DVPN under section 24 for the protection of an associated person if either P or the associated person lives in premises which fall within paragraph (a) of the definition of “service living accommodation” in section 96(1) of the Armed Forces Act 2006.

• (2) If a DVPN is issued by a member of the Ministry of Defence Police by virtue of subsection (1), provision may be included in the DVPN by virtue of section 24(8) in relation to any other premises in England or Wales lived in by P and the associated person.

Pilot schemes

33

• (1) The Secretary of State may by order made by statutory instrument provide for any provision of sections 24 to 32 to come into force for a period of time to be specified in or under the order for the purpose of assessing the effectiveness of the provision.

• (2) Such an order may make different provision for different areas.

• (3) More than one order may be made under this section.

• (4) Provision included in an order under this section does not affect the provision that may be included in relation to sections 24 to 32 in an order under section 59 (commencement).

Gang-related violence

Grant of injunction: minimum age

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review on respondent to injunction becoming 18

35

• (1) The Policing and Crime Act 2009 is amended as follows.

• (2) In section 36 (contents of injunctions: supplemental), after subsection (4) there is inserted—

(4A) Where— (a) the respondent is under the age of 18 on the injunction date, and (b) any prohibition or requirement in the injunction is to have effect after the respondent reaches that age and for at least the period of four weeks beginning with the respondent's 18th birthday, the court must order the applicant and the respondent to attend a review hearing on a specified date within that period.

• (3) In section 42 (variation or discharge of injunctions), after subsection (4) there is inserted—

(4A) Section 36(4A) does not apply where an injunction is varied to include a prohibition or requirement which is to have effect as mentioned in that provision but the variation is made within (or at any time after) the period of four weeks ending with the respondent's 18th birthday.

Consultation of youth offending team

36

• (1) In the Policing and Crime Act 2009, section 38 (consultation by applicants for injunctions) is amended as follows.

• (2) In subsection (2), after paragraph (a) there is inserted—

(aa) where the respondent is under the age of 18 (and will be under that age when the application is made), the youth offending team established under section 39 of the Crime and Disorder Act 1998 in whose area it appears to the applicant that the respondent resides, and

.

• (3) After that subsection there is inserted—

(3) If it appears to the applicant that the respondent resides in the area of two or more youth offending teams, the obligation in subsection (2)(aa) is to consult such of those teams as the applicant thinks appropriate.

Application for variation or discharge of injunction

37

In the Policing and Crime Act 2009, in section 42 (variation or discharge of injunctions), at the end there is inserted—

(6) If an application to vary or discharge an injunction under this Part is dismissed, no further application to vary or discharge it may be made by any person without the consent of the court.

Powers of court to remand

38

In the Policing and Crime Act 2009, in Schedule 5 (injunctions: powers to remand), in paragraph 2(1)(a) (power to remand in custody), at the beginning there is inserted “ in the case of a person aged 18 or over ”.

Powers of court on breach of injunction by respondent under 18

39

• (1) The Policing and Crime Act 2009 is amended as follows.

• (2) After section 46 (and after the heading “miscellaneous”) there is inserted—

(46A) Schedule 5A (which makes provision about the powers of the court in relation to breach of an injunction by a respondent aged under 18) has effect.

• (3) After Schedule 5 there is inserted—

SCHEDULE 5A (1) the court may make one of the orders specified in sub-paragraph (2) in respect of the person. (1) Where— (a) an injunction under Part 4 is granted against a person under the age of 18, and (b) on an application made by the injunction applicant, the court is satisfied beyond reasonable doubt that the person is in breach of any provision of the injunction, (2) Those orders are— (a) a supervision order (see Part 2 of this Schedule); (b) a detention order (see Part 3 of this Schedule). (3) The powers conferred by this paragraph are in addition to any other power of the court in relation to the breach of the injunction. (4) Before making an application under paragraph 1(1)(b) the injunction applicant must consult— (a) the youth offending team consulted under section 38(1) or 39(5) in relation to the injunction, and (b) any other person previously so consulted. (5) In considering whether and how to exercise its powers under this paragraph, the court must consider a report made to assist the court in that respect by the youth offending team referred to in sub-paragraph (4)(a). (6) An order under sub-paragraph (1) may not be made in respect of a person aged 18 or over. (7) The court may not make a detention order under sub-paragraph (1) unless it is satisfied, in view of the severity or extent of the breach, that no other power available to the court is appropriate. (8) Where the court makes a detention order under sub-paragraph (1) it must state in open court why it is satisfied as specified in sub-paragraph (7). (9) In this Schedule— - “defaulter”, in relation to an order under this Schedule, means the person in respect of whom the order is made; - “injunction applicant”, in relation to an injunction under Part 4 or an order under this Schedule made in respect of such an injunction, means the person who applied for the injunction; - “appropriate court”, in relation to an order under this Schedule, means— 1. where the order is made by the High Court, the High Court; 2. where the order is made by a county court, a county court. (2) (1) A supervision order is an order imposing on the defaulter one or more of the following requirements— (a) a supervision requirement; (b) an activity requirement; (c) a curfew requirement. (2) Before making a supervision order the court must obtain and consider information about the defaulter's family circumstances and the likely effect of such an order on those circumstances. (3) Before making a supervision order imposing two or more requirements, the court must consider their mutual compatibility. (4) The court must ensure, as far as practicable, that any requirement imposed by a supervision order is such as to avoid— (a) any conflict with the defaulter's religious beliefs, (b) any interference with the times, if any, at which the defaulter normally works or attends school or any other educational establishment, and (c) any conflict with the requirements of any other court order or injunction to which the defaulter may be subject. (5) A supervision order must for the purposes of this Schedule specify a maximum period for the operation of any requirement contained in the order. (6) The period specified under sub-paragraph (5) may not exceed six months beginning with the day after that on which the supervision order is made. (7) A supervision order must for the purposes of this Schedule specify a youth offending team established under section 39 of the Crime and Disorder Act 1998. (8) The youth offending team specified under sub-paragraph (7) is to be— (a) the youth offending team in whose area it appears to the court that the respondent will reside during the period specified under sub-paragraph (5), or (b) where it appears to the court that the respondent will reside in the area of two or more such teams, such one of those teams as the court may determine. (3) (1) In this Schedule, “supervision requirement”, in relation to a supervision order, means a requirement that the defaulter attend appointments with— (a) the responsible officer, or (b) another person determined by the responsible officer, at such times and places as may be instructed by the responsible officer. (2) The appointments must be within the period for the time being specified in the order under paragraph 2(5). (4) (1) In this Schedule, “activity requirement”, in relation to a supervision order, means a requirement that the defaulter do any or all of the following within the period for the time being specified in the order under paragraph 2(5)— (a) participate, on such number of days as may be specified in the order, in activities at a place, or places, so specified; (b) participate in an activity or activities specified in the order on such number of days as may be so specified; (c) participate in one or more residential exercises for a continuous period or periods comprising such number or numbers of days as may be specified in the order; (d) in accordance with sub-paragraphs (6) to (9), engage in activities in accordance with instructions of the responsible officer on such number of days as may be specified in the order. (2) The number of days specified in a supervision order in relation to an activity requirement must not, in aggregate, be less than 12 or more than 24. (3) A requirement referred to in sub-paragraph (1)(a) or (b) operates to require the defaulter, in accordance with instructions given by the responsible officer, on the number of days specified in the order in relation to the requirement— (a) in the case of a requirement referred to in sub-paragraph (1)(a), to present himself or herself at a place specified in the order to a person of a description so specified, or (b) in the case of a requirement referred to in sub-paragraph (1)(b), to participate in an activity specified in the order, and, on each such day, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be). (4) Where the order includes a requirement referred to in sub-paragraph (1)(c) to participate in a residential exercise, it must specify, in relation to the residential exercise— (a) a place, or (b) an activity. (5) A requirement under sub-paragraph (1)(c) to participate in a residential exercise operates to require the defaulter, in accordance with instructions given by the responsible officer— (a) if a place is specified under sub-paragraph (4)(a)— (i) to present himself or herself at the beginning of the period specified in the order in relation to the exercise, at the place so specified to a person of a description specified in the instructions, and (ii) to reside there for that period; (b) if an activity is specified under sub-paragraph (4)(b), to participate, for the period specified in the order in relation to the exercise, in the activity so specified, and, during that period, to comply with instructions given by, or under the authority of, the person in charge of the place or the activity (as the case may be). (6) Subject to sub-paragraph (8), instructions under sub-paragraph (1)(d) relating to any day must require the defaulter to do either of the following— (a) present himself or herself to a person of a description specified in the instructions at a place so specified; (b) participate in an activity specified in the instructions. (7) Any such instructions operate to require the defaulter, on that day or while participating in that activity, to comply with instructions given by, or under the authority of, the person in charge of the place or, as the case may be, the activity. (8) If the supervision order so provides, instructions under sub-paragraph (1)(d) may require the defaulter to participate in a residential exercise for a period comprising not more than seven days, and, for that purpose— (a) to present himself or herself at the beginning of that period to a person of a description specified in the instructions at a place so specified and to reside there for that period, or (b) to participate for that period in an activity specified in the instructions. (9) Instructions such as are mentioned in sub-paragraph (8)— (a) may not be given except with the consent of a parent or guardian of the defaulter, and (b) operate to require the defaulter, during the period specified under that sub-paragraph, to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified under paragraph (a) or (b) of that sub-paragraph. (10) Instructions given by, or under the authority of, a person in charge of a place under sub-paragraph (3), (5), (7) or (9)(b) may require the defaulter to engage in activities otherwise than at that place. (11) Where a supervision order contains an activity requirement, the appropriate court may on the application of the injunction applicant or the defaulter amend the order by substituting for any number of days, place, activity, period or description of persons specified in the order a new number of days, place, activity, period or description (subject, in the case of a number of days, to sub-paragraph (2)). (12) A court may only include an activity requirement in a supervision order or vary such a requirement under sub-paragraph (11) if— (a) it has consulted the youth offending team which is to be, or is, specified in the order, (b) it is satisfied that it is feasible to secure compliance with the requirement or requirement as varied, (c) it is satisfied that provision for the defaulter to participate in the activities proposed can be made under the arrangements for persons to participate in such activities which exist in the area of the youth offending team which is to be or is specified in the order, and (d) in a case where the requirement or requirement as varied would involve the co-operation of a person other than the defaulter and the responsible officer, that person consents to its inclusion or variation. (13) For the purposes of sub-paragraph (9) “guardian” has the same meaning as in the Children and Young Persons Act 1933 (subject to sub-paragraph (14)). (14) If a local authority has parental responsibility for a defaulter who is in its care or provided with accommodation by it in the exercise of any social services functions, the reference to “guardian” in sub-paragraph (9) is to be read as a reference to that authority. (15) In sub-paragraph (14)— (a) “parental responsibility” has the same meaning as it has in the Children Act 1989 by virtue of section 3 of that Act; (b) “social services functions” has the same meaning as it has in the Local Authority Social Services Act 1970 by virtue of section 1A of that Act. (5) (1) In this Schedule, “curfew requirement”, in relation to a supervision order, means a requirement that the defaulter remain, for periods specified in the order, at a place so specified. (2) A supervision order imposing a curfew requirement may specify different places or different periods for different days. (3) The periods specified under sub-paragraph (1)— (a) must be within the period for the time being specified in the order under paragraph 2(5); (b) may not amount to less than two or more than eight hours in any day. (4) Before specifying a place under sub-paragraph (1) in a supervision order, the court making the order must obtain and consider information about the place proposed to be specified in the order (including information as to the attitude of persons likely to be affected by the enforced presence there of the defaulter). (5) Where a supervision order contains a curfew requirement, the appropriate court may, on the application of the injunction applicant or the defaulter amend the order by— (a) substituting new periods for the periods specified in the order under this paragraph (subject to sub-paragraph (3)); or (b) substituting a new place for the place specified in the order under this paragraph (subject to sub-paragraph (4)). (6) (1) A supervision order containing a curfew requirement may also contain a requirement (an “electronic monitoring requirement”) for securing the electronic monitoring of compliance with the curfew requirement during a period— (a) specified in the order, or (b) determined by the responsible officer in accordance with the order. (2) In a case referred to in sub-paragraph (1)(b), the responsible officer must, before the beginning of the period when the electronic monitoring requirement is to take effect, notify— (a) the defaulter, (b) the person responsible for the monitoring, and (c) any person falling within sub-paragraph (3)(b), of the time when that period is to begin. (3) Where— (a) it is proposed to include an electronic monitoring requirement in a supervision order, but (b) there is a person (other than the defaulter) without whose co-operation it will not be practicable to secure that the monitoring takes place, the requirement may not be included in the order without that person's consent. (4) A supervision order imposing an electronic monitoring requirement must include provision for making a person responsible for the monitoring. (5) The person who is made responsible for the monitoring must be of a description specified in an order under paragraph 26(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008. (6) An electronic monitoring requirement may not be included in a supervision order unless the court making the order— (a) has been notified by the youth offending team for the time being specified in the order that arrangements for electronic monitoring are available in the area where the place which the court proposes to specify in the order for the purposes of the curfew requirement is situated, and (b) is satisfied that the necessary provision can be made under the arrangements currently available. (7) Where a supervision order contains an electronic monitoring requirement, the appropriate court may, on the application of the injunction applicant or the defaulter, amend the order by substituting a new period for the period specified in the order under this paragraph. (8) Sub-paragraph (3) applies in relation to the variation of an electronic monitoring requirement under sub-paragraph (7) as it applies in relation to the inclusion of such a requirement. (7) (1) For the purposes of this Part of this Schedule, the “responsible officer”, in relation to a supervision order, means— (a) in a case where the order imposes a curfew requirement and an electronic monitoring requirement, but does not impose an activity or supervision requirement, the person who under paragraph 6(4) is responsible for the electronic monitoring; (b) in any other case, the member of the youth offending team for the time being specified in the order who, as respects the defaulter, is for the time being responsible for discharging the functions conferred by this Schedule on the responsible officer. (2) Where a supervision order has been made, it is the duty of the responsible officer— (a) to make any arrangements that are necessary in connection with the requirements contained in the order, and (b) to promote the defaulter's compliance with those requirements. (3) In giving instructions in pursuance of a supervision order, the responsible officer must ensure, so far as practicable, that any instruction is such as to avoid the matters referred to in paragraph 2(4). (4) A defaulter in respect of whom a supervision order is made must— (a) keep in touch with the responsible officer in accordance with such instructions as the responsible officer may from time to time give to the defaulter, and (b) notify the responsible officer of any change of address. (5) The obligations imposed by sub-paragraph (4) have effect as a requirement of the supervision order. (8) (1) The appropriate court may, on the application of the injunction applicant or the defaulter, amend a supervision order by substituting a new period for that for the time being specified in the order under paragraph 2(5) (subject to paragraph 2(6)). (2) The court may, on amending a supervision order pursuant to sub-paragraph (1), make such other amendments to the order in relation to any requirement imposed by the order as the court considers appropriate. (9) (1) This paragraph applies where, on an application made by the injunction applicant or the defaulter in relation to a supervision order, the appropriate court is satisfied that the defaulter proposes to reside, or is residing, in the area of a youth offending team other than the team for the time being specified in the order. (2) If the application is made by the defaulter, the court to which it is made may amend the order by substituting for the youth offending team specified in the order the youth offending team for the area referred to in sub-paragraph (1) (or, if there is more than one such team for that area, such of those teams as the court may determine). (3) If the application is made by the injunction applicant, the court to which it is made must, subject as follows, so amend the order. (4) Where a court amends the supervision order pursuant to sub-paragraph (2) or (3) but the order contains a requirement which, in the opinion of the court, cannot reasonably be complied with if the defaulter resides in the area referred to in sub-paragraph (1), the court must also amend the order by— (a) removing that requirement, or (b) substituting for that requirement a new requirement which can reasonably be complied with if the defaulter resides in that area. (5) Sub-paragraph (3) does not require a court to amend the supervision order if in its opinion sub-paragraph (4) would produce an inappropriate result. (6) The injunction applicant must consult the youth offending team for the time being specified in the order before making an application under sub-paragraph (1). (10) (1) Where a supervision order is made, the injunction applicant or the defaulter may apply to the appropriate court— (a) to revoke the order, or (b) to amend the order by removing any requirement from it. (2) If it appears to the court to which an application under sub-paragraph (1)(a) or (b) is made to be in the interests of justice to do so, having regard to circumstances which have arisen since the supervision order was made, the court may grant the application and revoke or amend the order accordingly. (3) The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter. (4) If an application made under sub-paragraph (1) in relation to a supervision order is dismissed, no further such application may be made in relation to the order by any person without the consent of the appropriate court. (5) The injunction applicant must consult the youth offending team for the time being specified in the order before making an application under sub-paragraph (1). (11) If the responsible officer considers that the defaulter has complied with all the requirements of the supervision order, the responsible officer must inform the injunction applicant. (12) (1) If the responsible officer considers that the defaulter has failed to comply with any requirement of the supervision order, the responsible officer must inform the injunction applicant. (2) On being informed as specified in sub-paragraph (1) the injunction applicant may apply to the appropriate court. (3) Before making an application under sub-paragraph (2) the injunction applicant must consult— (a) the youth offending team for the time being specified in the order, and (b) any person consulted by virtue of section 38(2)(a) or (b). (4) If on an application under sub-paragraph (2) the court to which it is made is satisfied beyond reasonable doubt that the defaulter has without reasonable excuse failed to comply with any requirement of the supervision order, the court may— (a) revoke the supervision order and make a new one; or (b) revoke the order and make a detention order (see Part 3 of this Schedule). (5) The powers in sub-paragraph (4) may not be exercised at any time after the defaulter reaches the age of 18. (6) The powers conferred by sub-paragraph (4) are in addition to any other power of the court in relation to the breach of the supervision order. (7) The court to which an application under sub-paragraph (2) is made must consider representations made by the youth offending team for the time being specified in the order before exercising its powers under this paragraph. (13) (1) The court by which a supervision order is made must forthwith provide a copy of the order to— (a) the defaulter, and (b) the youth offending team for the time being specified in the order. (2) Where a supervision order is made, the injunction applicant must forthwith provide a copy of so much of the order as is relevant— (a) in a case where the order includes an activity requirement specifying a place under paragraph 4(1)(a), to the person in charge of that place; (b) in a case where the order includes an activity requirement specifying an activity under paragraph 4(1)(b), to the person in charge of that activity; (c) in a case where the order includes an activity requirement specifying a residential exercise under paragraph 4(1)(c), to the person in charge of the place or activity specified under paragraph 4(4) in relation to that residential exercise; (d) in a case where the order contains an electronic monitoring requirement, to— (i) any person who by virtue of paragraph 6(4) will be responsible for the electronic monitoring, and (ii) any person without whose consent that requirement could not have been included in the order. (3) The court by which a supervision order is revoked or amended must forthwith provide a copy of the revoking order, or of the order as amended, to— (a) the defaulter, and (b) the youth offending team for the time being specified in the order. (4) Where— (a) a copy of a supervision order (or part of a supervision order) has been given to a person under sub-paragraph (2) by virtue of any requirement contained in the order, and (b) the order is revoked, or amended in respect of that requirement, the injunction applicant must forthwith give a copy of the revoking order, or of so much of the order as amended as is relevant, to that person. (14) (1) A detention order is an order that the defaulter be detained for a period specified in the order in such youth detention accommodation as the Secretary of State may determine. (2) The period specified under sub-paragraph (1) may not exceed the period of three months beginning with the day after that on which the order is made. (3) In sub-paragraph (1) “youth detention accommodation” means— (a) a secure training centre; (b) a young offender institution; (c) secure accommodation, as defined by section 23(12) of the Children and Young Persons Act 1969. (4) The function of the Secretary of State under sub-paragraph (1) is exercisable concurrently with the Youth Justice Board. (5) A person detained under a detention order is in legal custody. (15) (1) Where a detention order is made, the injunction applicant or the defaulter may apply to the appropriate court to revoke it. (2) If it appears to the court to which an application under sub-paragraph (1) is made to be in the interests of justice to do so, having regard to circumstances which have arisen since the detention order was made, the court may grant the application and revoke the order accordingly. (3) The circumstances referred to in sub-paragraph (2) include the conduct of the defaulter. (4) If an application made under sub-paragraph (1) in relation to a detention order is dismissed, no further such application may be made in relation to the order by any person without the consent of the appropriate court. (5) Before making an application under sub-paragraph (1) the injunction applicant must consult— (a) in the case of a detention order made under paragraph 1(1), the youth offending team referred to in paragraph 1(4)(a); or (b) in the case of a detention order made under paragraph 12(4)(b), the youth offending team referred to in paragraph 12(3)(a).

• (4) In section 41 of the Crime and Disorder Act 1998 (Youth Justice Board), in subsection (5)(i), at the end there is inserted—

(vii) accommodation referred to in paragraph 14(3) of Schedule 5A to the Policing and Crime Act 2009 which is or may be used for the purpose of detaining persons subject to a detention order under that Schedule;

.

Anti-social behaviour orders

Report on family circumstances

40

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Parenting orders on breach

41

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Private security industry

Extension of licensing scheme

42

• (1) The Private Security Industry Act 2001 is amended as follows.

• (2) After section 4 there is inserted—