§ Mr. Roger WilliamsTo ask the Secretary of State for the Home Department how many people were required to provide DNA samples as a result of(a) enquiries and (b) convictions in connection with section 2 of the Dogs Act 1871 in (i) Wales and (ii) England in (A) 2001, (B) 2002 and (C) 2003. [162181]
§ Ms BlearsUnder section 2 of the Dogs Act 1871 a Magistrates' Court may make an order for a dog to be kept under proper control or for the destruction of the dog. The section does not create an offence.
The powers contained in Section 63 of the Police and Criminal Evidence Act 1984 (as amended) enable the police to take a non-intimate DNA sample without consent from a person held in police detention who has been charged with, informed they will be reported for or convicted of an offence and they apply only in respect of recordable offences. Since section 2 of the Dogs Act 1871 does not create an offence, there are no legal powers to take a DNA sample in these circumstances.
§ Mr. Roger WilliamsTo ask the Secretary of State for the Home Department how many people were required to attend a police station to provide fingerprints and photographs after being found guilty under section 2 of the Dogs Act 1871 in(a) Wales and (b) England in (i) 2001, (ii) 2002 and (iii) 2003. [162182]
§ Ms BlearsUnder section 2 of the Dogs Act 1871 a Magistrates' Court may make an order for a dog to be kept under proper control or for the destruction of the dog. The section does not create an offence.
The powers under sections 27 and 61 of the Police and Criminal Evidence Act (PACE) 1984, (as amended), to take fingerprints without consent from convicted persons are restricted to persons who have been convicted for a recordable offence.
Recordable offences are those which have to be recorded on the Police National Computer to form part of a person's criminal record. They are set out in the National Police records (Recordable Offences) Regulations 2000 (SI 2000 No 1139) (as amended). They include convictions, cautions, reprimands and warnings given in respect of an offence punishable with imprisonment and any offence specified in the Schedule to the regulations.
779WUnder section 64A(1) of PACE, a constable or designated person may photograph a person detained at a police station with or without that person's consent. Where there are reasonable grounds for suspecting the involvement of a person in a criminal offence, but that person is at a police station voluntarily and not detained, there are no powers to take fingerprints or photograph that person without consent.
§ Mr. Roger WilliamsTo ask the Secretary of State for the Home Department how many people were required to provide fingerprints and photographs when attending a police station in connection with a possible offence relating to section 2 of the Dogs Act 1871 in(a) Wales and (b) England in (i) 2001, (ii) 2002 and (iii) 2003. [162183]
§ Ms BlearsUnder section 2 of the Dogs Act 1871 a Magistrates' Court may make an order for a dog to be kept under proper control or for the destruction of the dog. The section does not create an offence.
The powers under sections 27 and 61 of the Police and Criminal Evidence Act (PACE) 1984, (as amended), to take fingerprints without consent from convicted persons are restricted to persons who have been convicted for a recordable offence.
Recordable offences are those which have to be recorded on the Police National Computer to form part of a person's criminal record. They are set out in the National Police records (Recordable Offences) Regulations 2000 (SI 2000 No 1139) (as amended). They include convictions, cautions, reprimands and warnings given in respect of an offence punishable with imprisonment and any offence specified in the Schedule to the regulations.
Under section 64A(1) of PACE, a constable or designated person may photograph a person detained at a police station with or without that person's consent. Where there are reasonable grounds for suspecting the involvement of a person in a criminal offence, but that person is at a police station voluntarily and not detained, there are no powers to take fingerprints or photograph that person without consent.
§ Mr. Roger WilliamsTo ask the Secretary of State for the Home Department how many successful prosecutions were carried out under section 2 of the Dogs Act 1871 in(a) Wales and (b) England in (i) 2001, (ii) 2002 and (iii) 2003. [162184]
§ Ms BlearsDefendants proceeded against and those convicted of offences under Section 2 of the Dogs Act 1871 are grouped together with those dealt with for offences under the Dangerous Dogs Act 1989 in the information collected centrally and cannot be separately identified.
The number of defendants proceeded against at magistrates' courts and found guilty at all courts for offences under these two statutes, for England and Wales separately for 2001 and 2002 is contained in the table. 780W
Number of defendants proceeded against at magistrates courts' and found guilty at all courts under section 2 of the Dogs Act 1871 and the Dangerous Dogs Act 1989, England and Wales 2001 and 20021 Proceeded against Found guilty 2001 England 306 76 Wales 69 25 Total 375 101 2002 England 279 84 Wales 57 21 Total 336 105 1 These data are on the principal offence basis. Statistics on court proceedings for 2003 will be published in the Autumn.