Counter-Terrorism and Sentencing Bill (HC Bill 129)

(6) This section is subject to provision made by or under section 35 of the
Counter-Terrorism and Sentencing Act 2020 (supplementary provision
relating to the imposition and administration of terrorism-related
polygraph conditions).

(7) 5In this section—

• “appropriate officer” means the officer under whose supervision
  the released person is by virtue of section 12(2)(a);

• “polygraph examination” means a procedure in which—

  (a)

  the polygraph operator questions the released person;

  (b)

  10the questions and the released person’s answers are
  recorded; and

  (c)

  physiological reactions of the released person while
  being questioned are measured and recorded;

• “polygraph operator” means the person conducting a polygraph
  15session;

• “polygraph session” means a session during which the polygraph
  operator—

  (a)

  conducts one or more polygraph examinations of the
  released person; and

  (b)

  20interviews the released person in preparation for, or
  otherwise in connection with, any such examination;

• “service offence” and “corresponding civil offence” have the same
  meaning as in the Counter-Terrorism Act 2008 (see section 95 of
  that Act).”

34 25Polygraph licence conditions for terrorist offenders: Northern Ireland

(1) In the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)S.I. 2001/2564 (N.I. 2)),
after Article 8 insert—

“8A Polygraph conditions for certain terrorist offenders released on licence

(1) The Department of Justice may under Article 8(2) (and in accordance
30with Article 8(3)) specify a polygraph condition in the licence of a life
prisoner to whom this Article applies.

(2) This Article applies to a life prisoner who is—

(a) aged at least 18 on the day of the prisoner’s release; and

(b) serving a life sentence imposed in respect of a relevant terrorist
35offence.

(3) A “relevant terrorist offence” is—

(a) an offence that is specified in Part 2 or 5 of Schedule 2A to the
Criminal Justice (Northern Ireland) Order 2008 (terrorism
offences punishable with imprisonment for life carrying
40restricted eligibility for release on licence);

(b) a service offence as respects which the corresponding civil
offence is so specified; or

(c) an offence that was determined to have a terrorist connection.

Sub-paragraph (c) is to be read in accordance with Article 16(3A) of the
45Criminal Justice (Northern Ireland) Order 2008 (meaning of offences
determined to have a terrorist connection).

(4) A polygraph condition is a condition which requires the released
person—

(a) to participate in polygraph sessions conducted with a view to—

(i) monitoring the person’s compliance with the other
5conditions of the person’s licence; or

(ii) improving the way in which the person is managed
during the person’s release on licence;

(b) to participate in those polygraph sessions at such times as may
be specified in instructions given by, or on behalf of, the
10Department of Justice; and

(c) while participating in a polygraph session, to comply with
instructions given to the person by the polygraph operator.

(5) The following may not be used in evidence against the released person
in any proceedings for an offence—

(a) 15any statement made by the released person while participating
in a polygraph session; or

(b) any physiological reaction of the released person while being
questioned in the course of a polygraph examination.

(6) This Article is subject to provision made by or under section 35 of the
20Counter-Terrorism and Sentencing Act 2020 (supplementary provision
relating to the imposition and administration of terrorism-related
polygraph conditions).

(7) In this Article—

• “polygraph examination” means a procedure in which—

  (a)

  25the polygraph operator questions the released person;

  (b)

  the questions and the released person’s answers are
  recorded; and

  (c)

  physiological reactions of the released person while
  being questioned are measured and recorded;

• 30“polygraph operator” means the person conducting a polygraph
  session;

• “polygraph session” means a session during which the polygraph
  operator—

  (a)

  conducts one or more polygraph examinations of the
  35released person; and

  (b)

  interviews the released person in preparation for, or
  otherwise in connection with, any such examination;

• “service offence” and “corresponding civil offence” have the same
  meaning as in the Counter-Terrorism Act 2008 (see section 95 of
  40that Act).”

(2) The Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1)) is
amended as follows.

(3) In Article 24 (licence conditions), in paragraph (3)(b)—

(a) for “a kind prescribed for the purposes of this paragraph” substitute
45“either of the following kinds”;

(b) at the end insert “—

(i) a condition of a kind prescribed for the purposes
of this paragraph; or

(ii) in the case of a person to whom Article 24A
applies, a polygraph condition in accordance
with that Article.”

(4) After that Article insert—

“24A 5 Polygraph conditions for certain terrorist offenders released on
licence

(1) This Article applies to a person who—

(a) is serving a custodial sentence imposed in respect of an offence
that—

(i) 10is specified in Part 2, 4, 5 or 7 of Schedule 2A (terrorism
offences carrying restricted eligibility for release on
licence);

(ii) is a service offence as respects which the corresponding
civil offence is so specified; or

(iii) 15was determined to have a terrorist connection; and

(b) is aged at least 18 on the day of the person’s release.

(2) A polygraph condition (as permitted by Article 24(3)(b)(ii) in the case
of a person to whom this Article applies) is a condition which requires
the released person—

(a) 20to participate in polygraph sessions conducted with a view to—

(i) monitoring the person’s compliance with the other
conditions of the person’s licence; or

(ii) improving the way in which the person is managed
during the person’s release on licence;

(b) 25to participate in those polygraph sessions at such times as may
be specified in instructions given by, or on behalf of, the
Department of Justice; and

(c) while participating in a polygraph session, to comply with
instructions given to the person by the polygraph operator.

(3) 30The following may not be used in evidence against the released person
in any proceedings for an offence—

(a) any statement made by the released person while participating
in a polygraph session; or

(b) any physiological reaction of the released person while being
35questioned in the course of a polygraph examination.

(4) Article 24(3)(b)(ii) and this Article are subject to provision made by or
under section 35 of the Counter-Terrorism and Sentencing Act 2020
(supplementary provision relating to the imposition and
administration of terrorism-related polygraph conditions).

(5) 40In this Article—

• “polygraph examination” means a procedure in which—

  (a)

  the polygraph operator questions the released person;

  (b)

  the questions and the released person’s answers are
  recorded; and

  (c)

  45physiological reactions of the released person while
  being questioned are measured and recorded;

• “polygraph operator” means the person conducting a polygraph
  session;

Counter-Terrorism and Sentencing BillPage 33

• “polygraph session” means a session during which the polygraph
  operator—

  (a)

  conducts one or more polygraph examinations of the
  released person; and

  (b)

  5interviews the released person in preparation for, or
  otherwise in connection with, any such examination.”

35 Polygraph licence conditions in terrorism cases: supplementary provision

(1) The Secretary of State may, by regulations, limit the power to include a
terrorism-related polygraph condition in a release licence to certain
10descriptions of offender (which may be framed by reference to whatever
matters the Secretary of State considers appropriate).

(2) The Secretary of State may, by regulations, make provision relating to the
conduct of polygraph sessions further to a terrorism-related polygraph
condition.

(3) 15Regulations under subsection (2) may, in particular—

(a) require polygraph operators to be persons who satisfy such
requirements as to qualifications, experience and other matters as are
specified in the regulations;

(b) make provision about the keeping of records of polygraph sessions;

(c) 20make provision about the preparation of reports on the results of
polygraph sessions.

(4) In this section “terrorism-related polygraph condition” means a condition
included in a licence by virtue of—

(a) sections 28 and 29 of the Offender Management Act 2007, as they apply
25to a person in relation to a “relevant terrorist offence” (within the
meaning of section 28 of that Act),

(b) section 12AC of the Prisoners and Criminal Proceedings (Scotland) Act
1993,

(c) Article 8A of the Life Sentences (Northern Ireland) Order 2001
30(S.I. 2001/2564 (N.I. 2)S.I. 2001/2564 (N.I. 2)), or

(d) Articles 24(3)(b)(ii) and 24A of the Criminal Justice (Northern Ireland)
Order 2008 (S.I. 2008/1216 (N.I. 1)S.I. 2008/1216 (N.I. 1)).

(5) Subsections (6) and (7) apply in relation to a terrorism-related polygraph
condition within subsection (4)(b) to (d) (corresponding provision being made
35for conditions within subsection (4)(a) by section 29 of the Offender
Management Act 2007).

(6) The person responsible for giving instructions about the times of polygraph
sessions to the person who is subject to the condition must have regard to any
guidance issued by the Secretary of State.

(7) 40The measurement and recording of the physiological reactions of a person
while being questioned in the course of a polygraph examination conducted
further to the condition must be done by means of equipment of a type
approved by the Secretary of State.

(8) Regulations under subsection (1) or (2) may make—

(a) 45different provision for different purposes or different areas;

(b) incidental, supplemental, consequential, saving or transitional
provision.

(9) Regulations under subsection (1) or (2) are to be made by statutory instrument;
and an instrument containing such regulations is subject to annulment in
5pursuance of a resolution of either House of Parliament.

(10) In this section—

(a) “polygraph examination”, “polygraph operator” and “polygraph
session” have the same meanings as in the provisions referred to in
subsection (4);

(b) 10references (however expressed) to the inclusion of polygraph
conditions in a licence are to the inclusion of such a condition whether
in the licence as initially granted or by subsequent variation.

Repatriated terrorist prisoners

36 Release on licence of terrorist prisoners repatriated to the United Kingdom

15Schedule 11 provides for the application of certain provision made by this Part
and the Terrorist Offenders (Restriction of Early Release) Act 2020 to terrorist
prisoners who are repatriated, or responsibility for whom is transferred, to the
United Kingdom.

Part 3 20Prevention and investigation of terrorism

Terrorism prevention and investigation measures

37 TPIMs: condition as to involvement in terrorism-related activity

In section 3 of the Terrorism Prevention and Investigation Measures Act 2011
(conditions for imposition of measures) in subsection (1), for “is satisfied, on
25the balance of probabilities,” substitute “has reasonable grounds for
suspecting”.

38 TPIMs: extension of time limit

(1) The Terrorism Prevention and Investigation Measures Act 2011 (the “2011
Act”) is amended in accordance with subsections (2) to (6).

(2) 30For the italic heading before section 5, substitute “Duration of measures”.

(3) In section 5 (two year limit for TPIM notices)—

(a) in subsection (3)(b), for “only one occasion” substitute “one or more
occasions”;

(b) for the heading, substitute “Initial period and extension of TPIM
35notices”.

(4) In section 12 (variation of measures), in subsection (9), for paragraphs (a) and
(b) substitute “has expired or been revoked”.

(5) In section 13 (revocation and revival of TPIM notice)—

(a) in subsection (6)(a), omit “without being extended under section 5(2)”;

(b) for subsection (7) substitute—

“(7) The power of revival maybe exercised whether or not the TPIM
notice—

(a) has previously been revoked and revived, or

(b) 5has been extended under section 5(2).”

(6) In section 14 (replacement of quashed TPIM notice), omit subsection (3).

(7) The amendments made by this section do not apply in relation to—

(a) a TPIM notice served before the day on which this section comes into
force, or

(b) 10a replacement TPIM notice served on or after that day in a case where—

(i) the overturned notice to which it relates was served before that
day, and

(ii) the Secretary of State has not made a determination under
section 14(6)(b) of the 2011 Act (certain provisions not to apply
15as if replacement notice was continuation of original notice) in
relation to the replacement TPIM notice.

(8) In subsection (7)—

• “TPIM notice” has the meaning given by section 2(1) of the 2011 Act;

• “replacement TPIM notice” and “overturned notice” have the meanings
  20given by section 14(7) of that Act.

39 TPIMs: variation of measures

(1) The Terrorism Prevention and Investigation Measures Act 2011 is amended as
follows.

(2) In section 12 (variation of measures)—

(a) 25after subsection (1) insert—

“(1A) The Secretary of State may by variation notice vary a relocation
measure so as to substitute a different specified residence if the
Secretary of State reasonably considers that—

(a) the variation is necessary for reasons connected with the
30efficient and effective use of resources in relation to the
individual; and

(b) the relocation measure (as varied) remains necessary for
purposes connected with preventing or restricting the
individual’s involvement in terrorism-related activity.

(1B) 35A “relocation measure” is a measure under paragraph 1(2) of
Schedule 1 which requires the individual to reside at a specified
residence within paragraph 1(3)(b) of that Schedule
(requirement to reside at premises specified by Secretary of
State other than individual’s own residence).”;

(b) 40in each of subsections (7), (8), (9) and (10), after “subsection (1)” insert
“or (1A)”;

(c) at the end insert—

“(11) Subsection (1A) does not limit the power under subsection  (1).”

(3) In section 16 (appeals)—

(a) 45in subsection (2), in the words before paragraph (a)—

(i) after “varies” insert “under section 12(1)(c)”;

(ii) omit “(see section 12(1)(c))”;

(b) after subsection (2) insert—

“(2A) If the Secretary of State varies a relocation measure specified in
5a TPIM notice under section 12(1A)—

(a) the individual may appeal to the court against the
variation; and

(b) the function of the court on such an appeal is to review
the Secretary of State’s decisions that—

(i) 10the variation was necessary for reasons
connected with the efficient and effective use of
resources in relation to the individual, and

(ii) the relocation measure (as varied) remained, and
continues to be, necessary for purposes
15connected with preventing or restricting
involvement by the individual in terrorism-
related activity.

(2B) In subsection (2A) “relocation measure” has the meaning given
by section 12(1B).”

(4) 20In section 21 (expiry and repeal of TPIM powers), in subsection (8), in the
definition of “Secretary of State’s TPIM powers”, in paragraph (c) after
“12(1)(c)” insert “or (1A)”.

(5) In Schedule 5 (powers of entry etc), in paragraph 5(2), for paragraph (c) (but
not the final “or”) substitute—

“(c) 25a notice varying a TPIM notice under section 12(1) as mentioned
in paragraph (c) of that subsection or under section 12(1A);”.

40 TPIMs: extension of residence measure

In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011
(measures)—

(a) 30in the heading before paragraph 1, omit “Overnight”, and

(b) in paragraph 1(2)(c) and (8)(a), omit “overnight”.

41 TPIMs: polygraph measure

(1) In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011
(measures), after paragraph 10 insert—

35““Polygraph measure

10ZA (1) The Secretary of State may impose a requirement for the
individual—

(a) to participate in polygraph sessions conducted with a view
to—

(i) 40monitoring the individual’s compliance with other
specified measures;

(ii) assessing whether any variation of the specified
measures is necessary for purposes connected with

preventing or restricting the individual’s
involvement in terrorism-related activity,

(b) to participate in those polygraph sessions at such times as
may be specified in instructions given by the Secretary of
5State, and

(c) while participating in a polygraph session, to comply with
instructions given to the individual by the polygraph
operator.

(2) The Secretary of State may by regulations made by statutory
10instrument make provision relating to the conduct of polygraph
sessions, which may include in particular—

(a) provision requiring polygraph operators to be persons who
satisfy such requirements as to qualifications, experience and
other matters as are specified in the regulations;

(b) 15provision about the keeping of records of polygraph sessions;

(c) provision about the preparation of reports on the results of
polygraph sessions.

(3) The measurement and recording of the physiological reactions of an
individual while being questioned in the course of a polygraph
20examination must be done by means of equipment of a type
approved by the Secretary of State.

(4) The following may not be used in evidence against the individual in
any proceedings for an offence—

(a) any statement made by the individual while participating in
25a polygraph session;

(b) any physiological reaction of the individual while being
questioned in the course of a polygraph examination.

(5) Regulations under sub-paragraph (2) may make—

(a) different provision for different purposes or different areas;

(b) 30incidental, supplemental, consequential, saving or
transitional provision.

(6) A statutory instrument containing regulations under sub-paragraph
(2) is subject to annulment in pursuance of a resolution of either
House of Parliament.

(7) 35In this paragraph—

• “polygraph examination” means a procedure in which—

  (a)

  the polygraph operator questions the individual,

  (b)

  the questions and the individual’s answers are
  recorded, and

  (c)

  40physiological reactions of the individual while being
  questioned are measured and recorded;

• “polygraph operator” means the person conducting a
  polygraph session;

• “polygraph session” means a session during which the
  45polygraph operator—

  (a)

  conducts one or more polygraph examinations of the
  individual, and

  Counter-Terrorism and Sentencing BillPage 38

  (b)

  interviews the individual in preparation for, or
  otherwise in connection with, any such examination.”

42 TPIMs: drug testing measure

In Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011
5(measures), after paragraph 10ZA (inserted by section 41) insert—

““Drug testing measure

10ZB (1) The Secretary of State may impose a requirement for the
individual—

(a) to—

(i) 10attend such a testing place, at such times, and

(ii) provide an authorised person at the testing place with
such a permitted sample,

as the Secretary of State may by notice require for the purpose
of ascertaining whether the individual has any specified
15Class A drug or specified Class B drug in their body, and

(b) to comply with any directions given by an authorised person
in relation to the provision of the permitted sample.

(2) In this paragraph—

• “authorised person” means—

  (a)

  20a constable, or

  (b)

  a person prescribed, or of a description prescribed, by
  regulations made by the Secretary of State;

• “permitted sample” means—

  (a)

  a sample of hair other than pubic hair;

  (b)

  25a sample taken from a nail or from under a nail;

  (c)

  a sample of urine;

  (d)

  saliva;

  (e)

  a swab taken from any part of a person’s body except
  a person’s genitals (including pubic hair) or a
  30person’s body orifice other than the mouth;

  (f)

  a skin impression;

• “specified Class A drug” and “specified Class B drug” have the
  same meanings as in Part 3 of the Criminal Justice and Court
  Services Act 2000 (see section 70 of that Act);

• 35“testing place” means—

  (a)

  a police station, or

  (b)

  a place prescribed, or of a description prescribed, by
  regulations made by the Secretary of State.

(3) Regulations under sub-paragraph (2) are to be made by statutory
40instrument.

(4) A statutory instrument containing regulations under sub-paragraph
(2) is subject to annulment in pursuance of a resolution of either
House of Parliament.”

43 TPIMs: provision of information

(1) Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011
(measures) is amended as follows.

(2) In paragraph 7 (electronic communication device measure)—

(a) 5in sub-paragraph (4), at the end insert—

“(f) the disclosure to the Secretary of State of such details
as may be specified of any electronic communication
device possessed or used by the individual or any
other person in the individual’s residence.”;

(b) 10in sub-paragraph (6)(c) and (d), after “designed or adapted” insert “, or
capable of being adapted,”.

(3) After paragraph 12 insert—

““Provision of residence information measure

12A (1) The Secretary of State may impose a requirement for the individual
15to disclose to the Secretary of State—

(a) the address of the individual’s residence;

(b) if the individual resides at multiple occupancy premises,
such details as may be specified concerning where, in the
premises, the individual’s residence is located;

(c) 20such details as may be specified in relation to any change (or
anticipated change) in the matters referred to in paragraph
(a) and (b).

(2) The Secretary of State may impose a requirement for the individual
to comply with any other specified conditions in connection with the
25disclosure of information within sub-paragraph (1).

(3) “Multiple occupancy premises” are premises at which two or more
individuals who are not members of the same household reside.”

Notification requirements under Part 4 of the Counter-Terrorism Act 2008

44 Additional offences attracting notification requirements

30In section 41(1) of the Counter-Terrorism Act 2008 (terrorism offences that
attract notification requirements under Part 4 of that Act), after paragraph (e)
insert—

“(f) an offence under section 23 of the Terrorism Prevention and
Investigation Measures Act 2011 (breach of notice imposing
35terrorism prevention and investigation measures) dealt with on
or after the day on which section 44 of the Counter-Terrorism
and Sentencing Act 2020 comes into force;

(g) an offence under section 10(1) or (3) of the Counter-Terrorism
and Security Act 2015 (breach of temporary exclusion order or
40related obligation) dealt with on or after that day.”