Previous Next

Contents page 1-9 10-9 20-9 30-9 40-9 50-9 60-9 Last page

Terrorism Prevention and Investigation Measures BillPage 30

(4) A requirement to consult under sub-paragraph (2) may be satisfied by
consultation that took place wholly or partly before the passing of this Act.

(5) Rules of court made by the Lord Chancellor under sub-paragraph (1)—

(a) must be laid before Parliament, and

(b) 5if not approved by a resolution of each House before the end of 40
days beginning with the day on which they were made, cease to have
effect at the end of that period.

(6) In determining that period of 40 days no account is to be taken of any time
during which Parliament is dissolved or prorogued or during which both
10Houses are adjourned for more than 4 days.

(7) If rules cease to have effect in accordance with sub-paragraph (5)—

(a) that does not affect anything done in previous reliance on the rules,
and

(b) sub-paragraph (1) applies again as if the rules had not been made.

(8) 15The following provisions do not apply to rules of court made by the Lord
Chancellor under this paragraph—

(a) section 3(6) of the Civil Procedure Act 1997 (Parliamentary
procedure for civil procedure rules);

(b) section 56 of the Judicature (Northern Ireland) Act 1978 (statutory
20rules procedure).

(9) Until the coming into force of section 85 of the Courts Act 2003, the reference
in sub-paragraph (8)(a) to section 3(6) of the Civil Procedure Act 1997 is to
be read as a reference to section 3(2) of that Act.

Use of advisers

8 (1) 25In any TPIM proceedings or appeal proceedings the relevant court may if it
thinks fit—

(a) call in aid one or more advisers appointed for the purposes of this
paragraph by the Lord Chancellor, and

(b) hear and dispose of the proceedings with the assistance of the
30adviser or advisers.

(2) The Lord Chancellor may appoint advisers for the purposes of this
paragraph only with the approval of—

(a) the Lord President of the Court of Session, in relation to an adviser
who may be called in aid wholly or mainly in Scotland;

(b) 35the Lord Chief Justice of Northern Ireland, in relation to an adviser
who may be called in aid wholly or mainly in Northern Ireland;

(c) the Lord Chief Justice of England and Wales, in any other case.

(3) Rules of court may regulate the use of advisers in proceedings who are
called in aid under sub-paragraph (1).

(4) 40The Lord Chancellor may pay such remuneration, expenses and allowances to
advisers appointed for the purposes of this paragraph as the Lord Chancellor may
determine.

9 (1) The Lord President of the Court of Session may nominate a judge of the
Court of Session who is a member of the First or Second Division of the Inner
45House of that Court to exercise the function under paragraph 8(2)(a).

Terrorism Prevention and Investigation Measures BillPage 31

(2) The Lord Chief Justice of Northern Ireland may nominate any of the
following to exercise the function under paragraph 8(2)(b)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice
(Northern Ireland) Act 2002;

(b) 5a Lord Justice of Appeal (as defined in section 88 of that Act).

(3) The Lord Chief Justice of England and Wales may nominate a judicial officer
holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise the function under paragraph 8(2)(c).

Appointment of special advocate

10 (1) 10The appropriate law officer may appoint a person to represent the interests of a party
in any TPIM proceedings or appeal proceedings from which the party (and any legal
representative of the party) is excluded.

(2) A person appointed under sub-paragraph (1) is referred to in this Schedule
as appointed as a “special advocate”.

(3) 15The “appropriate law officer” is—

(a) in relation to proceedings in England and Wales, the Attorney
General;

(b) in relation to proceedings in Scotland, the Advocate General for
Scotland;

(c) 20in relation to proceedings in Northern Ireland, the Advocate General
for Northern Ireland.

(4) A person appointed as a special advocate is not responsible to the party to
the proceedings whose interests the person is appointed to represent.

(5) A person may be appointed as a special advocate only if—

(a) 25in the case of an appointment by the Attorney General, the person
has a general qualification for the purposes of section 71 of the
Courts and Legal Services Act 1990;

(b) in the case of an appointment by the Advocate General for Scotland,
the person is an advocate or a solicitor who has rights of audience in
30the Court of Session or the High Court of Justiciary by virtue of
section 25A of the Solicitors (Scotland) Act 1980;

(c) in the case of an appointment by the Advocate General for Northern
Ireland, the person is a member of the Bar of Northern Ireland.

Section 22

SCHEDULE 5 35Powers of entry, search, seizure and retention

Introductory

1 This Schedule confers powers of entry, search, seizure and retention on
constables in connection with the imposition of measures on individuals.

2 A power conferred on a constable by virtue of this Schedule—

(a) 40is additional to powers which the constable has at common law or by
virtue of any other enactment, and

Terrorism Prevention and Investigation Measures BillPage 32

(b) is not to be taken as affecting those powers.

3 A constable may detain an individual for the purpose of carrying out a
search of that individual under a power conferred by virtue of this Schedule.

4 A constable may use reasonable force, if necessary, for the purpose of
5exercising a power conferred on the constable by virtue of this Schedule.

Entry and search for purposes of serving TPIM notice

5 (1) For the purpose of serving a relevant notice on an individual, a constable
may—

(a) enter any premises where the constable has reasonable grounds for
10believing the individual to be, and

(b) search those premises for that individual.

(2) A “relevant notice” means—

(a) a TPIM notice;

(b) a notice under section 5(2) extending a TPIM notice;

(c) 15a notice under section 12(3) varying a TPIM notice as mentioned in
paragraph (c) of that subsection; or

(d) a notice under section 13(3) reviving a TPIM notice.

Search of individual or premises at time of serving TPIM notice

6 (1) This paragraph applies if a TPIM notice is being, or has just been, served on
20an individual.

(2) A constable may (without a warrant)—

(a) search the individual for the purpose mentioned in sub-paragraph
(3);

(b) enter and search, for that purpose, any premises mentioned in sub-
25paragraph (4).

(3) The purpose is that of ascertaining whether there is anything on the
individual, or (as the case may be) in the premises, that contravenes
measures specified in the TPIM notice.

(4) The premises referred to in sub-paragraph (2)(b) are—

(a) 30the individual’s place of residence;

(b) other premises to which the individual has power to grant access.

(5) A constable may seize anything that the constable finds in the course of a
search carried out under a power conferred by this paragraph—

(a) for the purpose of ascertaining whether measures specified in the
35TPIM notice are being or are about to be contravened by the
individual;

(b) for the purpose of securing compliance by the individual with
measures specified in the TPIM notice;

(c) if the constable has reasonable grounds for suspecting that—

(i) 40the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being
concealed, lost, damaged, altered or destroyed.

Terrorism Prevention and Investigation Measures BillPage 33

Search of premises on suspicion of absconding

7 (1) This paragraph applies if a constable reasonably suspects that an individual
in respect of whom a TPIM notice is in force has absconded.

(2) The constable may (without a warrant) enter and search any premises
5mentioned in sub-paragraph (3)—

(a) for the purposes of determining whether the individual has
absconded;

(b) if it appears that the individual has absconded, for anything that may
assist in the pursuit and arrest of the individual.

(3) 10The premises referred to in sub-paragraph (2) are—

(a) the individual’s place of residence;

(b) other premises to which the individual has power to grant access;

(c) any premises to which the individual had power to grant access and
with which there is reason to believe that the individual is or was
15recently connected.

(4) A constable may seize anything that the constable finds in the course of a
search carried out under a power conferred by this paragraph—

(a) if the constable reasonably believes that the thing will assist in the
pursuit or arrest of the individual;

(b) 20if the constable has reasonable grounds for suspecting that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being
concealed, lost, damaged, altered or destroyed.

Search for compliance purposes

8 (1) 25A constable may apply for the issue of a warrant under this paragraph for
the purpose of determining whether an individual in respect of whom a
TPIM notice is in force is complying with measures specified in the notice.

(2) A warrant under this paragraph may authorise a constable to do either or
both of the following—

(a) 30to search the individual;

(b) to enter and search the individual’s place of residence or any other
premises that are specified in the warrant.

(3) An application for a warrant under this paragraph must be made to the
appropriate judicial authority.

(4) 35The appropriate judicial authority may, on such an application, grant the
warrant only if satisfied that the warrant is necessary for the purpose
mentioned in sub-paragraph (1).

(5) A constable may seize anything that the constable finds in the course of a
search carried out under a power conferred by a warrant issued under this
40paragraph—

(a) for the purpose of ascertaining whether any measure specified in the
TPIM notice has been, is being, or is about to be, contravened by the
individual;

(b) for the purpose of securing compliance by the individual with
45measures specified in the TPIM notice;

Terrorism Prevention and Investigation Measures BillPage 34

(c) if the constable has reasonable grounds for suspecting that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being
concealed, lost, damaged, altered or destroyed.

(6) 5In this paragraph “appropriate judicial authority”, in relation to a warrant,
means—

(a) a justice of the peace, if the application for the warrant is made in
England or Wales;

(b) the sheriff, if the application is made in Scotland;

(c) 10a lay magistrate, if the application is made in Northern Ireland.

9 (1) This paragraph applies in relation to a warrant issued in England, Wales or
Northern Ireland under paragraph 8 so far as it authorises a constable to
search an individual.

(2) In relation to warrants issued under that paragraph so far as authorising the
15entry and search of premises, see—

(a) sections 15 and 16 of the Police and Criminal Evidence Act 1984, in
relation to warrants issued in England and Wales;

(b) Articles 17 and 18 of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/1341S.I. 1989/1341 (N. I. 12)), in relation to warrants
20issued in Northern Ireland.

(3) The constable applying for the warrant must—

(a) state the ground on which the application is made, and

(b) identify, so far as practicable, the articles to be sought.

(4) The application for the warrant is to be made without notice and—

(a) 25if made in England or Wales, supported by an information in
writing;

(b) if made in Northern Ireland, supported by a complaint in writing
and substantiated on oath.

(5) The constable must answer on oath any questions that the appropriate
30judicial authority (within the meaning of paragraph 8) hearing the
application may ask of the constable.

(6) If the warrant is issued it authorises a search of the individual on one
occasion only.

(7) The warrant must—

(a) 35specify the name of the constable applying for it, the date on which
it is issued and the fact that it is issued under paragraph 8, and

(b) identify, so far as practicable, the articles to be sought.

(8) Two copies must be made of the warrant and clearly certified as copies.

(9) The warrant may be executed by any constable.

(10) 40The search under the warrant must be carried out within 28 days of its issue.

(11) The search must be carried out at a reasonable hour unless it appears to the
constable executing the warrant that the purposes of the search may be
frustrated if carried out then.

Terrorism Prevention and Investigation Measures BillPage 35

(12) The constable seeking to execute the warrant must, before carrying out the
search—

(a) identify himself or herself to the individual,

(b) if not in uniform, produce documentary evidence that he or she is a
5constable to the individual,

(c) produce the warrant to the individual, and

(d) supply the individual with a copy of the warrant (which, in Northern
Ireland, must be a certified copy).

(13) The constable executing the warrant must make an endorsement on it
10stating—

(a) whether anything sought was found in the course of the search, and

(b) whether anything was seized.

(14) When the warrant has been executed it must be returned to the designated
officer.

(15) 15The designated officer must retain a warrant returned under sub-paragraph
(14) for a period of 12 months from the time of its return and, if requested
during that period, allow the individual to inspect it.

(16) The “designated officer” is—

(a) in relation to a warrant issued in England and Wales, the designated
20officer for the local justice area in which the justice of the peace who
issued the warrant was acting when it was issued;

(b) in relation to a warrant issued in Northern Ireland, the clerk for the
petty sessions district in which the lay magistrate who issued the
warrant was acting when it was issued.

25Search of individual for public safety purposes

10 (1) A constable may (without a warrant) search an individual in respect of
whom a TPIM notice is in force for the purpose of ascertaining whether the
individual is in possession of anything that could be used to threaten or
harm any person.

(2) 30The power of a constable to search the individual under this paragraph may
be exercised—

(a) following entry onto premises by virtue of this Act, or

(b) at any other time when the constable is in the presence of the
individual.

(3) 35A constable may seize anything that the constable finds in the course of a
search carried out under a power conferred by this paragraph—

(a) if the constable has reasonable grounds for suspecting that the thing
may be used to threaten or harm any person;

(b) if the constable has reasonable grounds for suspecting that—

(i) 40the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it to prevent it being concealed, lost,
damaged, altered or destroyed.

Power to retain items

11 (1) Anything that is seized under a power conferred by virtue of this Schedule
45may be—

Terrorism Prevention and Investigation Measures BillPage 36

(a) subjected to tests;

(b) retained for as long as is necessary in all the circumstances.

(2) In particular (and regardless of the ground on which the thing was seized)—

(a) if a constable has reasonable grounds for believing that the thing is
5or contains evidence in relation to an offence, it may be retained—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection
with an offence; and

(b) if a constable has reasonable grounds for believing that the thing has
10been obtained in consequence of the commission of an offence, it
may be retained in order to establish its lawful owner.

(3) Nothing may be retained for either of the purposes mentioned in sub-
paragraph (2)(a) if a photograph or copy would be sufficient for that
purpose.

(4) 15Nothing in this paragraph or in paragraph 12 affects any power of a court to
make an order under section 1 of the Police (Property) Act 1897.

12 (1) This paragraph applies if—

(a) a device is surrendered by virtue of a condition of the kind
mentioned in paragraph 7(4)(e) of Schedule 1 (surrendering of
20electronic communication devices for inspection or modification
purposes), and

(b) a constable has reasonable grounds for believing that the device is or
contains evidence in relation to an offence.

(2) The device may be seized and retained for as long as is necessary in all the
25circumstances.

(3) In particular—

(a) the thing may be retained—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection
30with an offence; and

(b) if a constable has reasonable grounds for believing that the device
has been obtained in consequence of the commission of an offence, it
may be retained in order to establish its lawful owner.

(4) Nothing may be retained for either of the purposes mentioned in sub-
35paragraph (3)(a) if a photograph or copy would be sufficient for that
purpose.

Section 23

SCHEDULE 6 Fingerprints and samples

Taking of fingerprints and samples: England, Wales and Northern Ireland

1 (1) 40This paragraph applies at any time when a TPIM notice is in force in respect
of an individual in England, Wales or Northern Ireland.

Terrorism Prevention and Investigation Measures BillPage 37

(2) A constable may take fingerprints or a non-intimate sample from the
individual—

(a) with the consent of the individual given in writing, or

(b) without that consent.

(3) 5A constable may use reasonable force, if necessary, for the purpose of
exercising the power under sub-paragraph (2)(b).

(4) Before any fingerprints or a non-intimate sample are taken the individual
must be informed—

(a) of the reason for taking the fingerprints or sample,

(b) 10of the fact that the fingerprints or sample are taken under the power
conferred by this paragraph, and

(c) that the fingerprints or sample may be the subject of a relevant
search.

(5) The matters mentioned in sub-paragraph (4) must be recorded as soon as
15practicable after the fingerprints or non-intimate sample are taken.

(6) The information mentioned in sub-paragraph (4) must be given by—

(a) the constable taking the fingerprints or non-intimate sample, or

(b) if the fingerprints or non-intimate sample are taken at a police station
(see paragraph 3), any other officer.

(7) 20Where a sample of hair other than pubic hair is to be taken under this
paragraph, the sample may be taken either by cutting hairs or by plucking
hairs with their roots so long as no more are plucked than the person taking
the sample reasonably considers to be necessary for a sufficient sample.

2 (1) A constable may exercise the power under paragraph 1 to take fingerprints
25or a non-intimate sample from an individual only if at the time when the
power is to be exercised—

(a) in the case of fingerprints, the condition in sub-paragraph (2) is met;

(b) in the case of a sample, the condition in sub-paragraph (3) is met.

(2) The condition in the case of fingerprints is that—

(a) 30the individual has not had fingerprints taken under paragraph 1 on
a previous occasion after the time on which the present TPIM notice
came into force, or

(b) fingerprints were so taken on a previous occasion after that time
but—

(i) 35the fingerprints taken do not constitute a complete set of the
individual’s fingerprints, or

(ii) some or all of the fingerprints taken are not of sufficient
quality to allow satisfactory analysis, comparison or
matching.

(3) 40The condition in the case of a non-intimate sample is that—

(a) the individual has not had a sample of the same type and from the
same part of the body taken under paragraph 1 on a previous
occasion after the time on which the present TPIM notice came into
force, or

(b) 45a sample was so taken on a previous occasion after that time but it
proved insufficient.

Terrorism Prevention and Investigation Measures BillPage 38

(4) In this paragraph “the present TPIM notice” means the TPIM notice in force
at the time when it is proposed to exercise the power to take the fingerprints
or sample.

3 (1) A constable may—

(a) 5require an individual to attend a police station for the purposes of
taking fingerprints or a non-intimate sample from the individual
under paragraph 1, and

(b) arrest without warrant an individual who fails to comply with such
a requirement.

(2) 10A requirement under sub-paragraph (1)(a)—

(a) must give the individual a period of at least 7 days within which the
individual must attend the police station (subject to sub-paragraph
(4)), and

(b) may direct the individual to attend at a specified time of day or
15between specified times of day.

(3) In specifying a period or time or times of day for the purposes of sub-
paragraph (2), the constable must consider whether the fingerprints or non-
intimate sample could reasonably be taken at a time when the individual is
for any other reason required to attend the police station (including, in
20particular, under measures imposed on the individual by virtue of
paragraph 10 of Schedule 1).

(4) In giving a requirement under this paragraph a constable may specify a
period of shorter than 7 days if—

(a) there is an urgent need for the fingerprints or sample for the
25purposes of the investigation of an offence, and

(b) the shorter period is authorised by an officer of at least the rank of
inspector.

(5) Where an authorisation is given under sub-paragraph (4)(b)—

(a) the fact of the authorisation, and

(b) 30the reasons for giving it,

must be recorded as soon as practicable after it has been given.

(6) If the constable who gives a requirement to an individual under this
paragraph and the individual agree, it may be varied so as to specify any
period within which, or date or time at which, the individual must attend;
35but a variation does not have effect unless confirmed by the constable in
writing.

Taking of relevant physical data and samples: Scotland

4 (1) This paragraph applies at any time when a TPIM notice is in force in respect
of an individual in Scotland.

(2) 40A constable may—

(a) take from the individual, or require the individual to provide, any
relevant physical data;

(b) with the authority of an officer of a rank no lower than inspector,
take from the individual any sample mentioned in paragraph (a), (b)
45or (c) of subsection (6) of section 18 of the Criminal Procedure
(Scotland) Act 1995 (prints, samples etc in criminal investigations) by
the means specified in that paragraph in relation to the sample;

Terrorism Prevention and Investigation Measures BillPage 39

(c) take, or direct a police custody and security officer to take, from the
individual a sample mentioned in subsection (6A) of that section by
the means specified in that subsection.

(3) A constable may—

(a) 5require the individual to attend a police station for the purposes
mentioned in sub-paragraph (2), and

(b) arrest without warrant an individual who fails to comply with such
a requirement.

(4) A requirement under sub-paragraph (3)(a)—

(a) 10must give the individual at least 7 days’ notice of the date on which
the individual is required to attend the police station, and

(b) may direct the individual to attend at a specified time of day or
between specified times of day.

(5) In specifying a date or time or times of day for the purposes of sub-
15paragraph (4), the constable must consider whether the relevant physical
data or sample could reasonably be taken at a time when the individual is
for any other reason required to attend the police station (including, in
particular, under measures imposed on the individual by virtue of
paragraph 10 of Schedule 1).

(6) 20A constable may use reasonable force, if necessary, in—

(a) taking any relevant physical data under sub-paragraph (2)(a),

(b) securing compliance with a requirement imposed by the constable
under that sub-paragraph, or

(c) taking any sample under sub-paragraph (2)(b).

(7) 25A constable may, with the authority of an officer of a rank no lower than
inspector, use reasonable force, if necessary, in taking any sample under
sub-paragraph (2)(c).

Checking of fingerprints, samples etc

5 Any fingerprints, data or samples obtained under paragraph 1 or 4, or
30information derived from such samples, may be checked against—

(a) other such fingerprints, data or samples or any information derived
from such a sample,

(b) any fingerprints or samples taken under paragraph 10 or 12 of
Schedule 8 to the Terrorism Act 2000 or any information derived
35from such a sample,

Previous Next

Contents page 1-9 10-9 20-9 30-9 40-9 50-9 60-9 Last page