Long title | An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; and for connected purposes. |
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Citation | c. 9 |
Introduced by | Theresa May |
Dates | |
Royal assent | 1 May 2012 |
Status: Amended | |
Text of statute as originally enacted |
The Protection of Freedoms Act 2012 is an Act of the Parliament of the United Kingdom. [1] As the Protection of Freedoms Bill, it was introduced in February 2011, by the Home Secretary, Theresa May. The bill was sponsored by the Home Office. [2] On Tuesday, 1 May 2012, the Protection of Freedoms Bill completed its passage through Parliament and received royal assent.
The concept developed from the Great Repeal Bill proposed in 2008 by Conservative Party representatives Douglas Carswell MP and Dan Hannan MEP as part of a radical "Twelve months to renew Britain". [3] [4] After the 2010 general election, the Conservatives and Liberal Democrats formed a coalition government whose agreed programme initially promised a Freedom (Great Repeal) Bill or "a Freedom or Great Repeal Bill", [5] [6] "Freedom" being the Liberal Democrats' preferred title, "Great Repeal" the Conservatives'. [7] The ensuing Queen's Speech referred to "A Freedom or Great Repeal Bill" which: [5]
would address concerns around what has been described as a tidal wave of criminal justice legislation in recent years. It also provides an opportunity to strengthen the accountability of bodies receiving public funding in light of lessons learnt so far from the operation of the Freedom of Information Act.
The programme was later changed to refer to a Freedom Bill. [8] After the Protection of Freedoms Bill was introduced in 2011, critics claimed it was piecemeal, incoherent, and too focused on protection from public-sector intrusion without sufficient focus on private-sector intrusion. [9] Nick Clegg said, "There may even be a great repeal act down the road that would look at some of the laws not addressed in this bill." [10]
In 2011, Jonathan Djanogly said in answer to a parliamentary question that a Repeals Bill would be a separate civil liberties measure from "the abolition of ID cards; the Protection of Freedoms Bill; and the Your Freedom public engagement exercise which took place over the summer". [11]
Chapter 1 makes provision in respect of the destruction, retention, and use of fingerprints, footwear impressions and DNA samples. In addition it covers profiles taken in the course of a criminal investigation. Under the new scheme provided for in this Chapter, the fingerprints and DNA profiles taken from persons arrested for or charged with a minor offence will be destroyed following either acquittal or a decision not to charge.
This Part amends or omits Sections from the Police and Criminal Evidence Act 1984 and Crime and Security Act 2010 relating to the retention of fingerprints.
Chapter 1 creates new regulation for, and instructs the Secretary of State to prepare a code of practice towards closed-circuit television and automatic number plate recognition. Chapter 2 amends the Regulation of Investigatory Powers Act 2000.
Chapter 1 reforms and repeals aspects of the powers to enter land and to review existing powers of entry legislation. It would implement restrictions as to the premises over which the power may be exercised, who can exercise them, and which conditions can be satisfied for them to be exercised.
Chapter 2 makes it a criminal offence for a private person on private or public land to immobilise a vehicle (e.g. by clamping or obstructing), or to move a vehicle, with a view to denying the owner access to it. Section 99 of the Road Traffic Regulation Act 1984 is amended to extend and amend the powers of public authorities to move vehicles parked obstructively, illegally, or dangerously, including on private land. However, clamping is still permitted where an Act of Parliament or byelaw permits the practice, such as the Railway Byelaws. [12]
Clamping of vehicles and provisions relating to charging registered keepers of vehicles where a contract has been entered into with landowners or their agents is dealt with by sections 54-56 and Schedule 4 of the Act. These would have the effect of making it possible for private landowners and their agents to attempt to recover unpaid parking charges on private land (providing certain conditions are met) from the registered keeper of a vehicle in cases where it is not known who was driving at the time of the parking charge notice being issued. Paragraph 3 defines "relevant land" as excluding highways maintainable at the public expense (within the meaning of section 329(1) of the Highways Act 1980). Under the original wording of the Bill as introduced, clamping would be unlawful on private car-parks unless entrances are barriered. [13] [14] However, Clause 54 was amended at Report stage in the House of Commons such that clamping would be unlawful regardless of the existence of a barrier. [15]
Clause 57 reduces the pre-detention of terrorist suspects to a maximum of 14 days. Previously, it was 28 days after being extended from 14 days by the Terrorism Act 2006
This Part removes the 'stop and search' regulations of the Terrorism Act 2000 and reforms the operation of the power to search people and vehicles, in addition to creating new Code of Practice rules in respect of these powers.
Section 33 of the Canadian Charter of Rights and Freedoms is part of the Constitution of Canada. It is commonly known as the notwithstanding clause, sometimes referred to as the override power, and it allows Parliament or provincial legislatures to temporarily override sections 2 and 7–15 of the Charter.
The Canadian Charter of Rights and Freedoms, often simply referred to as the Charter in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the Constitution Act, 1982. The Charter guarantees certain political rights to Canadian citizens and civil rights of everyone in Canada from the policies and actions of all governments in Canada. It is designed to unify Canadians around a set of principles that embody those rights. The Charter was proclaimed in force by Queen Elizabeth II of Canada on April 17, 1982, as part of the Constitution Act, 1982.
The Constitution of South Africa is the supreme law of the Republic of South Africa. It provides the legal foundation for the existence of the republic, it sets out the rights and duties of its citizens, and defines the structure of the Government. The current constitution, the country's fifth, was drawn up by the Parliament elected in 1994 in the South African general election, 1994. It was promulgated by President Nelson Mandela on 18 December 1996 and came into effect on 4 February 1997, replacing the Interim Constitution of 1993. The first constitution was enacted by the South Africa Act 1909, the longest-lasting to date. Since 1961, the constitutions have promulgated a republican form of government.
An entrenched clause or entrenchment clause of a constitution is a provision that makes certain amendments either more difficult or impossible to pass. Overriding an entrenched clause may require a supermajority, a referendum, or the consent of the minority party. The term eternity clause is used in a similar manner in the constitutions of Brazil, the Czech Republic, Germany, Greece, India, Iran, Italy, Morocco, Norway, and Turkey, but specifically applies to an entrenched clause that can never be overridden. However, if a constitution provides for a mechanism of its own abolition or replacement, like the German Basic Law does in Article 146, this by necessity provides a "back door" for getting rid of the "eternity clause", too.
A wheel clamp, also known as wheel boot, parking boot, or Denver boot, is a device that is designed to prevent motor vehicles from being moved. In its most common form, it consists of a clamp that surrounds a vehicle wheel, designed to prevent removal of both itself and the wheel.
The Association of Chief Police Officers of England, Wales and Northern Ireland (ACPO) was a not-for-profit private limited company that for many years led the development of policing practices in England, Wales, and Northern Ireland. Established in 1948, ACPO provided a forum for chief police officers to share ideas and coordinate their strategic operational responses, and advised government in matters such as terrorist attacks and civil emergencies. ACPO coordinated national police operations, major investigations, cross-border policing, and joint law enforcement. ACPO designated Senior Investigative Officers for major investigations and appointed officers to head ACPO units specialising in various areas of policing and crime reduction.
Section 31 of the Canadian Charter of Rights and Freedoms is a part of the Constitution of Canada, which clarifies that the Charter does not increase the powers of either the federal government or the legislatures of the provinces of Canada. As a result, only the courts may enforce the rights in the Charter.
Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, which typically are referred to by names such as Penal Code, Criminal Code, or Crimes Code. Typical of state criminal codes is the California Penal Code. Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute.
A government database collects information for various reasons, including climate monitoring, securities law compliance, geological surveys, patent applications and grants, surveillance, national security, border control, law enforcement, public health, voter registration, vehicle registration, social security, and statistics.
S and Marper v United Kingdom [2008] ECHR 1581 is a case decided by the European Court of Human Rights which held that holding DNA samples of individuals arrested but who are later acquitted or have the charges against them dropped is a violation of the right to privacy under the European Convention on Human Rights.
The Coroners and Justice Act 2009 is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales.
The Conservative–Liberal Democrat coalition agreement was a policy document drawn up following the 2010 general election in the United Kingdom. It formed the terms of reference governing the Cameron–Clegg coalition, the coalition government comprising MPs from the Conservative Party and the Liberal Democrats.
Protecting Canada's Immigration System Act, or Bill C-31, is an act of the 41st Canadian Parliament - sponsored by the Minister of Citizenship, Immigration and Multiculturalism, Jason Kenney.
Biometrics refers to the automated recognition of individuals based on their biological and behavioral characteristics, not to be confused with statistical biometrics; which is used to analyse data in the biological sciences. Biometrics for the purposes of identification may involve DNA matching, facial recognition, fingerprints, retina and iris scanning, voice analysis, handwriting, gait, and even body odor.
The use of electronic surveillance by the United Kingdom grew from the development of signal intelligence and pioneering code breaking during World War II. In the post-war period, the Government Communications Headquarters (GCHQ) was formed and participated in programmes such as the Five Eyes collaboration of English-speaking nations. This focused on intercepting electronic communications, with substantial increases in surveillance capabilities over time. A series of media reports in 2013 revealed bulk collection and surveillance capabilities, including collection and sharing collaborations between GCHQ and the United States' National Security Agency. These were commonly described by the media and civil liberties groups as mass surveillance. Similar capabilities exist in other countries, including western European countries.
The Commissioner for the Retention and Use of Biometric Material is an independent advisor to the British government regarding the use and retention of biometrics, including fingerprint data and DNA samples, by the government. The post was created under section 20 of chapter 1 of the Protection of Freedoms Act 2012.
The Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015(Cth) is an Act of the Parliament of Australia that amends the Telecommunications (Interception and Access) Act 1979 (original Act) and the Telecommunications Act 1997 to introduce a statutory obligation for Australian telecommunication service providers (TSPs) to retain, for a period of two years, particular types of telecommunications data (metadata) and introduces certain reforms to the regimes applying to the access of stored communications and telecommunications data under the original Act.
The Investigatory Powers Act 2016 is an Act of the Parliament of the United Kingdom which received royal assent on 29 November 2016. Its different parts came into force on various dates from 30 December 2016. The Act comprehensively sets out and in limited respects expands the electronic surveillance powers of the British intelligence agencies and police. It also claims to improve the safeguards on the exercise of those powers.
An Act to amend the Criminal Code and to make consequential amendments to other Acts, also known as Bill C-46, is an act of the Parliament of Canada that was introduced in the House of Commons by Minister of Justice Jody Wilson-Raybould in 2017, alongside the Cannabis Act. The act increases police powers related to impaired driving—including authorizing mandatory alcohol screening, without suspicion that the person is impaired—and it increases the maximum punishments for driving related offences in the Criminal Code.
The COVID-19 Public Health Response Act 2020 is a standalone legislation passed by the New Zealand Parliament on 13 May 2020 to provide a legal framework for dealing with the COVID-19 pandemic in New Zealand over the next two years or until the COVID-19 pandemic is brought under control. The Act allows the Minister of Health to make orders under Section 11 to give effect to the public health response to the COVID-19 in New Zealand.
The current evolving bill undoubtedly has roots in similar legislation that was proposed in a book entitled The Plan: 12 Months to Renew Britain written by Douglas Carswell and Daniel Hannan, which argued for openness in politics, business-friendly policies, deregulation, and more direct democracy
This will include: - A Freedom or Great Repeal Bill.
Its name reflects the make-up of the new Government, including the Liberal Democrats preferred "Freedom Bill" and the Tory's "Great Repeal" message.
We will introduce a Freedom Bill
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