House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Notices of Amendments: 6 October 2011
3381

Protection of Freedoms Bill, continued

“Part 4

Emergency power when parliament dissolved etc. for temporary

extension of maximum period for detention under section 41

38  (1)
The Secretary of State may make a temporary extension order if—

(a)
either—

(i)
Parliament is dissolved, or

(ii)
Parliament has met after a dissolution but the first

Queen’s Speech of the Parliament has not yet taken

place, and

(b)
the Secretary of State considers that it is necessary by reason

of urgency to make such an order.

      (2)
A temporary extension order is an order which provides, in relation to

the period of three months beginning with the coming into force of the

order, for paragraphs 36 and 37 to be read as if—

(a)
in paragraph 36(3)(b)(ii) for “14 days” there were substituted

“28 days”, and

(b)
the other modifications in sub-paragraphs (3) and (4) were

made.

      (3)
The other modifications of paragraph 36 are—

(a)
the insertion at the beginning of sub-paragraph (1) of “Subject

to sub-paragraphs (1ZA) to (1ZI),”,

(b)
the insertion, after sub-paragraph (1), of—

“(1ZA)
Sub-paragraph (1ZB) applies in relation to any proposed

application under sub-paragraph (1) for the further

extension of the period specified in a warrant of further

detention where the grant (otherwise than in accordance

with sub-paragraph (3AA)(b)) of the application would

extend the specified period to a time that is more than 14

days after the relevant time.

  (1ZB)
No person may make such an application—

(a)
in England and Wales, without the consent of the

Director of Public Prosecutions,

(b)
in Scotland, without the consent of the Lord

Advocate, and

(c)
in Northern Ireland, without the consent of the

Director of Public Prosecutions for Northern

Ireland,


unless the person making the application is the person

whose consent is required.

  (1ZC)
The Director of Public Prosecutions must exercise

personally any function under sub-paragraph (1ZB) of

giving consent.

  (1ZD)
The only exception is if—

(a)
the Director is unavailable, and

(b)
there is another person who is designated in

writing by the Director acting personally as the

person who is authorised to exercise any such

function when the Director is unavailable.

Notices of Amendments: 6 October 2011
3382

Protection of Freedoms Bill, continued

  (1ZE)
In that case—

(a)
the other person may exercise the function but

must do so personally, and

(b)
the Director acting personally—

(i)
must review the exercise of the function as

soon as practicable, and

(ii)
may revoke any consent given.

  (1ZF)
Where the consent is so revoked after an application has

been made or extension granted, the application is to be

dismissed or (as the case may be) the extension is to be

revoked.

  (1ZG)
Sub-paragraphs (1ZC) to (1ZF) apply instead of any other

provisions which would otherwise have enabled any

function of the Director of Public Prosecutions under sub-

paragraph (1ZB) of giving consent to be exercised by a

person other than the Director.

  (1ZH)
The Director of Public Prosecutions for Northern Ireland

must exercise personally any function under sub-paragraph

(1ZB) of giving consent unless the function is exercised

personally by the Deputy Director of Public Prosecutions

for Northern Ireland by virtue of section 30(4) or (7) of the

Justice (Northern Ireland) Act 2002 (powers of Deputy

Director to exercise functions of Director).

  (1ZI)
Sub-paragraph (1ZH) applies instead of section 36 of the

Act of 2002 (delegation of the functions of the Director of

Public Prosecutions for Northern Ireland to persons other

than the Deputy Director) in relation to the functions of the

Director of Public Prosecutions for Northern Ireland and

the Deputy Director of Public Prosecutions for Northern

Ireland under, or (as the case may be) by virtue of, sub-

paragraph (1ZB) above of giving consent.”,

(c)
the substitution, for “a judicial authority” in sub-paragraph

(1A), of “—

(a)
in the case of an application falling within sub-

paragraph (1B), a judicial authority; and

(b)
in any other case, a senior judge”,

(d)
the insertion, after sub-paragraph (1A), of—

“(1B)
An application for the extension or further extension of a

period falls within this sub-paragraph if—

(a)
the grant of the application otherwise than in

accordance with sub-paragraph (3AA)(b) would

extend that period to a time that is no more than 14

days after the relevant time; and

(b)
no application has previously been made to a

senior judge in respect of that period.”,

(e)
the insertion, after “judicial authority” in both places in sub-

paragraph (3AA) where it appears, of “or senior judge”,

(f)
the insertion, after “detention” in sub-paragraph (4), of “but,

in relation to an application made by virtue of sub-paragraph

(1A)(b) to a senior judge, as if—

Notices of Amendments: 6 October 2011
3383

Protection of Freedoms Bill, continued

(a)
references to a judicial authority were references to

a senior judge; and

(b)
references to the judicial authority in question were

references to the senior judge in question”,

(g)
the insertion, after “judicial authority” in sub-paragraph (5),

of “or senior judge”, and

(h)
the insertion, after sub-paragraph (6), of—

  “(7)
In this paragraph and paragraph 37 “senior judge” means a

judge of the High Court or of the High Court of Justiciary.”

      (4)
The modification of paragraph 37 is the insertion, in sub-paragraph

(2), after “judicial authority”, of “or senior judge”.

      (5)
A temporary extension order applies, except so far as it provides

otherwise, to any person who is being detained under section 41 when

the order comes into force (as well as any person who is subsequently

detained under that section).

      (6)
The Secretary of State may by order revoke a temporary extension

order if the Secretary of State considers it appropriate to do so

(whether or not the conditions mentioned in paragraphs (a) and (b) of

sub-paragraph (1) are met).

      (7)
Sub-paragraph (8) applies if—

(a)
any of the following events occurs—

(i)
the revocation without replacement of a temporary

extension order,

(ii)
the expiry of the period of three months mentioned in

sub-paragraph (2) in relation to such an order,

(iii)
the ceasing to have effect of such an order by virtue

of section 123(6A) and (6B), and

(b)
at that time—

(i)
a person is being detained by virtue of a further

extension under paragraph 36,

(ii)
the person’s further detention was authorised by

virtue of the temporary extension order concerned

(before its revocation, expiry or ceasing to have

effect) for a period ending more than 14 days after the

relevant time (within the meaning given by paragraph

36(3B)),

(iii)
that 14 days has expired, and

(iv)
the person’s detention is not otherwise authorised by

law.

      (8)
The person with custody of that individual must release the individual

immediately.

      (9)
Subject to sub-paragraphs (7) and (8), the fact that—

(a)
a temporary extension order is revoked,

(b)
the period of three months mentioned in sub-paragraph (2) has

expired in relation to such an order, or

(c)
such an order ceases to have effect by virtue of section

123(6A) and (6B),

Notices of Amendments: 6 October 2011
3384

Protection of Freedoms Bill, continued


is without prejudice to anything previously done by virtue of the order

or to the making of a new order.”

(2)
After section 123(6) of that Act (orders and regulations under the Act) insert—

“(6A)
An order under paragraph 38 of Schedule 8 is to cease to have effect at

the end of the period of 20 days beginning with the day on which the

Secretary of State makes the order, unless a resolution approving the

order is passed by each House of Parliament during that period.

(6B)
For the purposes of subsection (6A) the period of 20 days is to be

computed in accordance with section 7(1) of the Statutory Instruments

Act 1946.”

(3)
After section 36(4) of the Terrorism Act 2006 (review of terrorism legislation)

insert—

“(4A)
The person appointed under subsection (1) must ensure that a review is

carried out (whether by that person or another person) into any case

where the period specified in a warrant of further detention issued under

Part 3 of Schedule 8 to the Terrorism Act 2000 (extension of detention of

terrorist suspects) is further extended by virtue of paragraph 36 of that

Schedule to a time that is more than 14 days after the relevant time

(within the meaning of that paragraph).

(4B)
The person appointed under subsection (1) must ensure that a report on

the outcome of the review is sent to the Secretary of State as soon as

reasonably practicable after the completion of the review.”’.

Police photography

Caroline Lucas

NC10

To move the following Clause:—

‘(1)
The Counter-Terrorism Act 2008 is amended as follows:

(2)
Omit section 76 (Offences relating to information about members of armed forces

etc).’.

Extension of pre-charge detention

Paul Goggins

Tony Baldry

Alun Michael

Sir Menzies Campbell

NC14


To move the following Clause:—

Notices of Amendments: 6 October 2011
3385

Protection of Freedoms Bill, continued

‘(1)
The Secretary of State may by order extend the permitted period of detention

under section 41 and Schedule 8 of the Terrorism Act 2000 to 28 days if the

Attorney General has certified that exceptional circumstances apply;

(2)
An order made under subsection (1) shall expire three months after

commencement;

(3)
The Secretary of State must arrange for a statement to be made to each House of

Parliament as soon as possible once an order under subsection (1) has been made.

(4)
A review of each order made under subsection (1) must be conducted by the

Independent Reviewer of Terrorism Legislation, or a person appointed by him,

and each review must be published as soon as any risk of prejudice to judicial

proceedings has ceased to exist.

(5)
Every year, the Secretary of State must lay before Parliament a report listing any

orders made under subsection (1) since the commencement of this section, or

since the date of the previous report as the case may be, explaining what

exceptional circumstances applied in each case; and if—

(a)
six weeks have elapsed from the report being laid, without the report

being approved by a resolution of each House of Parliament, or

(b)
either House of Parliament declines to approve the report by resolution


this section, and any order made under subsection (1), shall cease to have effect.

(6)
When an order under subsection (1) is in force, a High Court judge may extend

the period of detention without charge of any person arrested under section 41 of

the Terrorism Act 2000 up to 28 days if he is satisfied that—

(a)
the person has been lawfully arrested on reasonable suspicion of having

committed a specified terrorist offence;

(b)
it would be exceptionally difficult to decide whether to charge the suspect

with a terrorist offence unless the suspect were to be detained without

charge for more than 14 days;

(c)
there are reasonable grounds for expecting that it would be possible to

decide whether to charge the suspect with a terrorist offence if he were

detained without charge for more than 14 days but no more than 28 days;

and

(d)
the public interest in the administration of justice would be undermimed

if the suspect were to be released without charge.

(7)
An application to the High Court under subsection (6) requires the authorisation

of the Director of Public Prosecutions.’.

Secretary Theresa May

16

Page  18,  line  32  [Clause  28],  leave out ‘and (3)’ and insert ‘to (3A)’.

Secretary Theresa May

17

Page  19,  line  15  [Clause  28],  leave out ‘identify’ and insert ‘establish or verify the

identity of’.

Notices of Amendments: 6 October 2011
3386

Protection of Freedoms Bill, continued

Secretary Theresa May

18

Page  19,  line  16  [Clause  28],  leave out from ‘obtained’ to end of line and insert ‘or

recorded with the intention that it be used for the purposes of a biometric recognition

system.’

Secretary Theresa May

19

Page  19,  line  22  [Clause  28],  at end insert—

‘(3A)
In subsection (2) “biometric recognition system” means a system which, by

means of equipment operating automatically—

(a)
obtains or records information about a person’s physical or behavioural

characteristics or features, and

(b)
compares the information with stored information that has previously

been so obtained or recorded, or otherwise processes the information, for

the purpose of establishing or verifying the identity of the person, or

otherwise determining whether the person is recognised by the system.’.

Secretary Theresa May

26

Page  78,  line  35  [Clause  98],  at end insert—

‘(2A)
The public authority may exercise any power that it has by virtue of regulations

under section 11B to charge a fee in connection with making the relevant

copyright work available for re-use in accordance with subsection (2).

(2B)
Nothing in this section or section 11B prevents a public authority which is subject

to a duty under subsection (2) from exercising any power that it has by or under

an enactment other than this Act to charge a fee in connection with making the

relevant copyright work available for re-use.

(2C)
Where a public authority intends to charge a fee (whether in accordance with

regulations under section 11B or as mentioned in subsection (2B)) in connection

with making a relevant copyright work available for re-use by an applicant, the

authority must give the applicant a notice in writing (in this section referred to as

a “re-use fee notice”) stating that a fee of an amount specified in, or determined

in accordance with, the notice is to be charged by the authority in connection with

complying with subsection (2).

(2D)
Where a re-use fee notice has been given to the applicant, the public authority is

not obliged to comply with subsection (2) while any part of the fee which is

required to be paid is unpaid.

(2E)
Where a public authority intends to charge a fee as mentioned in subsection (2B),

the re-use fee notice may be combined with any other notice which is to be given

under the power which enables the fee to be charged.’.

Secretary Theresa May

27

Page  79,  line  20  [Clause  98],  at end insert—



© Parliamentary copyright	Revised 7 October 2011