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Crime and Security Act 2010

United Kingdom legislation From Wikipedia, the free encyclopedia

Crime and Security Act 2010
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The Crime and Security Act 2010 (c. 17) is an Act of the Parliament of the United Kingdom that introduced various measures relating to policing, crime and security; primarily regarding domestic violence, gang violence, anti-social behaviour, and requirements relating to the collection of forensic evidence from and the stop and search of individuals.[1][2]

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Provisions

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Domestic violence

In England and Wales, the Act introduces Domestic Violence Protection Notices,[3] which may be issued by a police officer of at least the rank of Superintendent where they have reasonable grounds to believe that an individual has used or threatened violence against a family member and the issuance of a DVPN is necessary to protect that person by requiring the perpetrator to, where applicable, vacate the premises of and not to contact the victim,[2] and Domestic Violence Protection Orders,[4] made by a magistrates' court following issuance of a DVPN.

Forensic samples

Following the ruling in S and Marper v United Kingdom[5] by the European Court of Human Rights that holding the DNA samples of those who have been arrested for an offence but later acquitted or not charged is a violation of their Article 8 right to privacy, the Act creates a statutory framework for the retention and destruction of biometric data records created during the investigation of offences, as well as expanding the powers of police to take fingerprint and DNA samples.[1]

Prisons

The Act updates the Prison Act 1952 by criminalising the possession of unathorised mobile phones and other telecommunication devices within prisons.[2][6]

Section 1[7] reduced the details that police were required to record and report on following stopping and searching a suspect in England and Wales.[2]

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References

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