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| Clause 8, page 4, line 27, leave out subsection (7) and insert— |
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| | | ‘(7) | In this section “relevant day” means the day on which the TPIM notice is served |
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| | | Clause 9, page 5, line 7, leave out paragraphs (b) and (c). |
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| | | Clause 9, page 5, line 13, leave out subsection (7). |
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| | | Clause 9, page 5, leave out line 20. |
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| | | Clause 10, page 5, line 23, leave out subsection (1) and insert— |
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| | | ‘(1) | The Secretary of State must consult the chief officer of the appropriate police |
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| | | force about the matter mentioned in subsection (2) before applying for a TPIM |
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| | | notice under section 2.’. |
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| | | Clause 10, page 5, line 38, leave out subsection (4) and insert— |
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| | | ‘(4) | If a TPIM notice is granted by the High Court, the Secretary of State must |
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| | | immediately notify the chief officer of the appropriate police force that the TPIM |
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| | | (4A) | If the individual to which the TPIM notice relates is being detained by the police |
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| | | following his arrest, the chief officer must, after being informed of the matters |
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| | | mentioned in subsection (2), notify the appropriate custody officer. |
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| | | (4B) | If the individual to whom the TPIM notice relates is not being detained by the |
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| | | police, at the time that the TPIM notice is granted, but is later arrested, the chief |
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| | | constable must inform the appropriate custody officer of the existence of the |
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| | | TPIM notice immediately following the arrest. |
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| | | (4C) | After being informed of the matters mentioned in subsection (4A) or subsection |
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| | | (4B), the appropriate custody officer must notify the individual to whom the |
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| | | TPIM notice relates, of the existence of the TPIM notice and the directions |
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| | | (4D) | The “appropriate custody officer” means the custody officer who is responsible |
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| | | for the detention of the individual against whom a TPIM notice has been |
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| | | Clause 10, page 6, line 40, at end insert— |
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| | | ‘10A | Granting of bail with terrorism prevention and investigation measures |
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| | | (a) | Where an individual who is subject to a TPIMs notice has been arrested |
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| | | for a terrorism-related offence and is being detained by police, the chief |
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| | | officer of the appropriate police force may grant bail in accordance with |
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| | | section 41(10) of the Terrorism Act 2000, subject to the provisions of this |
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| | | section and section 3B of the Bail Act 1976. |
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| | | (b) | When granting bail under subsection (a), the chief officer of the |
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| | | appropriate police force may impose specified terrorism prevention and |
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| | | investigation measures on an individual if the conditions in subsection (c) |
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| | | (i) | the individual has been arrested for a terrorism-related offence; |
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| | | (ii) | the relevant custody officer determines that there is insufficient |
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| | | evidence with which to charge the individual with the offence; |
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| | | (iii) | there is a need for further investigation of any matter in |
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| | | connection with which he was detained; and |
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| | | (iv) | it appears necessary for TPIMs to be imposed in order to prevent |
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| | | the individual from engaging in any of the activities listed in |
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| | | (d) | Activities in relation to subsection (c) are— |
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| | | (i) | failing to surrender to custody; |
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| | | (ii) | committing an offence while on bail; |
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| | | (iii) | interfering with witnesses or otherwise obstructing the course of |
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| | | justice, whether in relation to himself or any other person; |
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| | | (iv) | for that person’s own protection or, if he is a child or young |
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| | | person, for his own welfare or in his own interests. |
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| | | (e) | When imposing terrorism prevention and investigation measures under |
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| | | subsection (b) a chief officer must issue the individual concerned with a |
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| | | terrorism prevention and investigation measures certificate (“TPIMs |
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| | | certificate”) containing the measures imposed. |
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| | | (f) | In this Act “terrorism prevention and investigation measures” means |
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| | | requirements, restrictions and other provision which may be made in |
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| | | relation to an individual by virtue of Schedule 1 (terrorism prevention |
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| | | and investigation measures). |
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| | | (g) | In this section and Part 1 of Schedule 1 “specified” means specified in the |
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| | | Clause 11, page 6, line 44, leave out ‘C and D’ and insert ‘A, B and C’. |
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| | | Clause 12, page 7, line 3, leave out ‘The Secretary of State’ and insert ‘A chief |
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| | | Clause 12, page 7, line 4, leave out ‘notice’ and insert ‘certificate’. |
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| | | Clause 12, page 7, line 7, leave out paragraph (c) and insert— |
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| | | ‘(c) | the chief officer of police reasonably considers that the variation is |
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| | | necessary for the purposes set out in section 10A(3)(e).’. |
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| | | Clause 12, page 7, line 10, leave out ‘notice’ and insert ‘certificate’. |
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| | | Clause 12, page 7, line 11, leave out ‘Secretary of State for the’ and insert ‘High |
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| | Court for the discharge or’. |
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| | | Clause 12, page 7, line 12, leave out ‘Secretary of State’ and insert ‘High Court’. |
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| | | Clause 12, page 7, line 17, leave out subsections (6) and (7). |
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| | | Page 7, line 28, leave out Clause 13. |
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| | | Page 8, line 18, leave out Clause 14. |
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| | | Page 9, line 4, leave out Clause 15. |
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| | | Page 9, line 27, leave out Clause 16. |
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| | | Page 10, line 38, leave out Clause 17. |
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| | | Page 11, line 11, leave out Clause 18. |
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| | | Clause 19, page 11, line 28, leave out subsection (a) and insert— |
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| | | ‘(a) | to apply to the High Court for a TPIMs notice under section 2;’. |
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| | | Clause 19, page 11, line 30, leave out subsections (c), (d) and (e). |
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| | | Clause 21, page 12, line 15, leave out subsections (a) and (b) and insert— |
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| | | ‘(a) | a TPIM notice is in force in relation to an individual; |
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| | | (b) | the individual has been arrested and released without charge on police |
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| | | bail with terrorism prevention and investigation measures attached; |
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| | | (c) | the individual contravenes, without reasonable excuse, measures |
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| | | specified in the TPIMs certificate.’. |
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| | | Page 12, line 32, leave out Clause 22. |
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| | | Page 12, line 34, leave out Clause 23. |
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| | | Page 13, line 2, leave out Clause 24. |
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| | | Page 14, line 1, leave out Clause 25. |
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| | | Clause 27, page 15, line 35, at end insert— |
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| | | ‘(2A) | Except so far as otherwise provided under this section, sections 1 to 27 expire at |
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| | | the end of the period of 12 months beginning with the day on which this Act is |
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| | | (2B) | The Secretary of State may, by order made by statutory instrument— |
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| | | (a) | repeal sections 1 to 27; |
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| | | (b) | at any time revive those sections for a period not exceeding one year; or |
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| | | (c) | provide that those sections— |
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| | | (i) | are not to expire at the time when they would otherwise expire |
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| | | under subsection (1) or in accordance with an order under this |
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| | | (ii) | are to continue in force after that time for a period not exceeding |
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| | | (2C) | Before making an order under this section the Secretary of State must consult— |
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| | | (a) | the person appointed for the purposes of section 14(2); |
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| | | (b) | the Intelligence Services Commissioner; and |
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| | | (c) | the Director-General of the Security Service. |
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| | | (2D) | No order may be made by the Secretary of State under this section unless a draft |
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| | | of it has been laid before Parliament and approved by a resolution of each House. |
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| | | (2E) | Subsection (2D) does not apply to an order that contains a declaration by the |
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| | | Secretary of State that the order needs, by reason of urgency, to be made without |
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| | | the approval required by that subsection. |
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| | | (2F) | An order under this section that contains such a declaration— |
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| | | (a) | must be laid before Parliament after being made; and |
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| | | (b) | if not approved by a resolution of each House before the end of 40 days |
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| | | beginning with the day on which the order was made, ceases have to have |
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| | | effect at the end of that period. |
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| | | (2G) | Where an order ceases to have effect in accordance with subsection (2F), that |
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| | | (a) | affect anything previously done in reliance on the order; or |
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| | | (b) | prevent the making of a new order to the same or similar effect. |
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| | | (2H) | Where sections 1 to 27 expire or are repealed at any time by virtue of this section |
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| | | that does not prevent or otherwise affect— |
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| | | (a) | the court’s consideration of a reference made before that time under |
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| | | subsection (3)(a) of section 3; |
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| | | (b) | the holding or continuation after that time of any hearing in pursuance of |
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| | | directions under subsection (2)(c) or (6)(b) or (c) of that section; |
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| | | (c) | the holding or continuation after that time of a hearing to determine |
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| | | whether to confirm a derogating control order (with or without |
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| | | (d) | the bringing or continuation after that time of any appeal, or further |
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| | | appeal, relating to a decision in any proceedings mentioned in paragraphs |
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| | | (a) to (c) of this subsection; but proceedings may be begun or continued |
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| | | by virtue of this subsection so far as they are for the purpose of |
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| | | determining whether a certificate of the Secretary of State, a control order |
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| | | or an obligation imposed by such an order should be quashed or treated |
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| | | (2I) | Nothing in this Act about the period for which a control order is to have effect or |
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| | | is renewed enables such an order to continue in force after the provision under |
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| | | which it was made or last renewed has expired or been repealed by virtue of this |
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| | | (2J) | In subsection (2F) “40 Days” means 40 days computed as provided for in section |
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| | | 7(1) of the Statutory Instruments Act 1946 (c.36).’. |
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| | | Amendments to Terrorism Act 2000 |
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| | | To move the following Clause:— |
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| | | ‘(1) | The Terrorism Act 2000 shall be amended as follows. |
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| | | (2) | In section 41 of the Terrorism Act 2000, after subsection (9) insert— |
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| | | “(10) | Where for any reason the continued detention of a person arrested under |
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| | | subsection (1) is no longer authorised, a chief officer of police may |
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| | | release the person on police bail, but only if— |
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| | | (a) | he reasonably believes there is a need for further investigation of |
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| | | any matter in connection with which the individual was detained; |
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| | | (b) | he has been notified by the Secretary of State that a TPIM notice |
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| | | has been granted and is in force in relation to the individual.”’. |
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| | | Amendments to Bail Act 1976 |
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| | | To move the following Clause:— |
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| | | ‘(1) | The Bail Act 1976 shall be amended as follows. |
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| | | (2) | After section 3A of the Bail Act 1976, insert— |
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| | | “3B | Police bail in relation to terrorism-related offences |
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| | | (1) | Section 3 of this Act applies in relation to bail granted by a chief officer |
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| | | of police under section 41(10) of the Terrorism Act 2000 subject to the |
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| | | (2) | Any reference in section 3 to ‘custody officer’ shall be substituted by |
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| | | ‘chief officer of police’. |
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| | | (3) | Subsection (6) does not authorise the imposition of a requirement to |
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| | | reside in a bail hostel or any requirement under paragraph (d) or (e). |
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| | | (4) | Subsections (6ZAA), (6ZA) and (6A) to (6F) shall be omitted. |
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| | | (5) | Terrorism prevention and investigation measures as contained in |
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| | | Schedule 1 to the Terrorism Prevention and Investigation Measures Act |
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| | | 2011 may be imposed by a chief officer of police as bail conditions. |
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| | | (6) | Where a chief officer of police grants bail to a person, no conditions shall |
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| | | be imposed under this Act unless it appears to the constable that it is |
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| | | (a) | for the purpose of preventing that person from failing to |
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| | | (b) | for the purpose of preventing that person from committing an |
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| | | offence while on bail, or |
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| | | (c) | for the purpose of preventing that person from interfering with |
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| | | witnesses or otherwise obstructing the course of justice, whether |
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| | | in relation to himself or any other person, or |
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| | | (d) | for that person’s own protection or, if he is a child or young |
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| | | person, for his own welfare or in his own interests. |
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| | | (7) | For subsection 8 substitute— |
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| | | “(8) | Where a chief officer of police has granted bail under section |
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| | | 41(10) of the Terrorism Act 2000 and imposed terrorism |
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| | | prevention and investigation measures in accordance with |
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| | | section 10 of the Terrorism Prevention and Investigation Act |
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| | | 2011, the High Court may on application by or on behalf of the |
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| | | person to whom bail was granted vary or discharge the |
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