The Data Protection Act 1998 (DPA), including its exemptions, applies to the police. Section 29 of the Act details the "crime and taxation" exemption which allows personal data either to be processed or withheld from the data subject for the purposes of the prevention or detection of crime or the apprehension or prosecution of offenders.
This briefing on the Police Reform and Social Responsibility Bill has been prepared for the Second Reading debate on the Bill in the House of Commons. It specifically looks at areas covering police and arrest warrants; licensing; protests around parliament and the misuse of drugs.
Firearms law is currently a reserved matter. However, arguing that Scotland has a significantly bigger problem with airgun-inflicted injury and death than the rest of Great Britain, the Scottish Parliament has called for the right to make its own laws on air weapons.
The Bill would amend the law governing the taking, retention and destruction of fingerprints and DNA data from persons arrested for, charged with or convicted of criminal offences. It would reduce the requirements on the police to record information following a stop and search. It would introduce new 'go' orders for suspected perpetrators of domestic violence, which could mean excluding them from their homes in order to protect the victim.
The Bill would also, in effect, extend new injunctions for gang-related violence to 14-18 year olds, and require courts to issue a Parenting Order where a child under 16 had breached an Anti-social Behaviour Order. It would require wheel clamping companies to be licensed, and create a new offence of possessing an authorised mobile phone in a prison. It also creates a new offence of preventing a person under 18 from gaining unauthorised access to air weapons.
This Bill includes measures on police accountability and effectiveness, prostitution and certain orders relating to sex offences, regulation of lap dancing clubs, licensing conditions, police powers relating to alcohol, proceeds of crime, extradition, airport security, criminal records, importation restrictions on offensive weapons and football banning orders.
The Serious Organised Crime and Police Bill - the new Agency; and new powers in criminal proceedings. (Bill 6 of 2004/05). House of Commons Library Research Paper 04/88.
The Serious Organised Crime and Police Bill - police powers, public order and miscellaneous provisions. (Bill 6 of 2004/05). House of Commons Library Research Paper 04/89.