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Crime and Security Act 2010

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Act of the Parliament of the United Kingdom

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Crime and Security Act 2010[a]
Act of Parliament
coat of arms
Parliament of the United Kingdom
Long titleAn Act to make provision about police powers of stop and search; about the taking, retention, destruction and use of evidential material; for the protection of victims of domestic violence; about injunctions in respect of gang-related violence; about anti-social behaviour orders; about the private security industry; about possession and use of electronic communications devices in prison; about air weapons; for the compensation of victims of overseas terrorism; about licensing the sale and supply of alcohol; about searches in relation to persons subject to control orders; and for connected purposes.
Citation2010 c. 17
Introduced byAlan Johnson, Secretary of State for the Home Department (Commons)
Lord West of Spithead, Parliamentary Under-Secretary (Home Office) (Security and Counter-terrorism) (Lords)
Territorial extent
[b]
Dates
Royal assent8 April 2010
Commencementvarious[c]
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Other legislation
Amends
Amended by
Status: Amended
History of passage through Parliament
Text of statute as originally enacted
Revised text of statute as amended
Text of the Crime and Security Act 2010 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk.

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]

Provisions

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

The act followed the ruling in S and Marper v United Kingdom[5] by the European Court of Human Rights which stated 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.[6] 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]

The act allows for the police to take samples from individuals previously convicted of serious crimes.[7]

Prisons

The act updates the Prison Act 1952 by criminalising the possession of unathorised mobile phones and other telecommunication devices within prisons.[2][8]

Section 1[9] reduced the details that police were required to record and report on following stopping and searching a suspect in England and Wales.[2]

The act allows police services to only require their officers to record "stop and account" encounters if there is a full search.[10]

Reception

The National DNA Database Ethics Group called for greater transparency in how the national DNA database was administered than had been committed to in August 2010.[11]

Notes

  1. ^ Section 60.
  2. ^ Section 58.
  3. ^ Section 59.

References

  1. ^ a b "House of Commons - Explanatory Note". Parliament of the United Kingdom. 20 November 2009. Retrieved 24 October 2024.
  2. ^ a b c d "House of Lords - Explanatory Note". Parliament of the United Kingdom. 10 March 2010. Retrieved 24 October 2024.
  3. ^ "Crime and Security Act 2010: Section 24", legislation.gov.uk, The National Archives, 2010 c. 17 (s. 24), retrieved 24 October 2024
  4. ^ "Crime and Security Act 2010: Section 27", legislation.gov.uk, The National Archives, 2010 c. 17 (s. 27), retrieved 24 October 2024
  5. ^ S and Marper v United Kingdom [2008] ECHR 1581
  6. ^ "DNA database: proven guilty". The Guardian. 16 April 2009. Retrieved 4 February 2026.
  7. ^ Sandford, Daniel (28 April 2010). "Do CCTV and the DNA database make us safer?". BBC News. Retrieved 4 February 2026.
  8. ^ "Crime and Security Act 2010: Section 45", legislation.gov.uk, The National Archives, 2010 c. 17 (s. 45), retrieved 24 October 2024
  9. ^ "Crime and Security Act 2010: Section 1", legislation.gov.uk, The National Archives, 2010 c. 17 (s. 1), retrieved 24 October 2024
  10. ^ Hill, Dave (23 September 2011). "Met police will retain recording of "stop and account" street encounters". The Guardian. Retrieved 4 February 2026.
  11. ^ "DNA database quango calls for greater transparency". Government Computing. The Guardian. 6 August 2010.
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