Counter-Terrorism and Border Security Bill (HL Bill 131)

Counter-Terrorism and Border Security BillPage 70

(3) “Examining officer” means—

(a) a constable,

(b) an immigration officer who is designated as an examining officer for
the purposes of Schedule 7 to the Terrorism Act 2000 (see paragraph
51(1)(b) of that Schedule), and

(c) a customs officer who is designated for the purposes of that Schedule
(see paragraph 1(1)(c) of that Schedule).

(4) The following terms have the meaning given—

  • “act” includes omission;

  • 10“article” includes a substance and any other thing;

  • “customs officer” means an officer of Revenue and Customs;

  • “immigration officer” means a person appointed as an immigration
    officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

  • “the Investigatory Powers Commissioner” and “Judicial
    15Commissioner” have the same meanings as in the Investigatory
    Powers Act 2016 (see section 263(1) of that Act);

  • “port” includes an airport and a hoverport;

  • “property” includes property wherever situated and whether real or
    personal, heritable or moveable, and things in action and other
    20intangible or incorporeal property;

  • “ship” includes a hovercraft;

  • “vehicle” includes a train.

(5) A place is to be treated as a port in relation to a person if an examining officer
believes the person—

(a) 25has gone there for the purpose of embarking on a ship or aircraft, or

(b) has arrived there on disembarking from a ship or aircraft.

(6) A place is within the “border area” if it is in Northern Ireland and—

(a) it is no more than one mile from the border between Northern
Ireland and the Republic of Ireland, or

(b) 30it is the first place at which a train travelling from the Republic of
Ireland stops for the purposes of allowing passengers to leave.

(7) References to crime include references to any conduct which—

(a) constitutes one or more criminal offences, or

(b) is, or corresponds to, any conduct which, if it all took place in any one
35part of the United Kingdom, would constitute one or more criminal
offences.

(8) References to an enactment include references to—

(a) an enactment comprised in subordinate legislation within the
meaning of the Interpretation Act 1978,

(b) 40an enactment comprised in, or in an instrument made under, an Act
of the Scottish Parliament, and

(c) an enactment comprised in, or in an instrument made under,
Northern Ireland legislation.

(9) References to serious crime are to be read in accordance with paragraph
451(7)(d).

(10) References to a part of the United Kingdom are references to—

(a) England and Wales,

Counter-Terrorism and Border Security BillPage 71

(b) Scotland, or

(c) Northern Ireland.

Section 22

SCHEDULE 4 Minor and consequential amendments

5Part 1 Consequential amendments relating to section 9

Children and Young Persons Act 1933 (c. 12)

1 In the Children and Young Persons Act 1933, in section 49 (restrictions on
reports of proceedings in which children or young persons are concerned)—

(a) 10in subsection (6)—

(i) omit “or” at the end of paragraph (b);

(ii) after paragraph (b) insert—

(ba) a terrorism offence, or”;

(b) in subsection (11), after the definition of “specified” insert—

  • 15““terrorism offence” means an offence listed in Part 3 of
    Schedule 15 to the Criminal Justice Act 2003;”.

Parliamentary Commissioner Act 1967 (c. 13)

2 In the Parliamentary Commissioner Act 1967, in section 5 (matters subject to
investigation), in subsection (1B)(b) for “or violent” substitute “, violent or
20terrorism”.

Bail Act 1976 (c. 63)

3 (1) The Bail Act 1976 is amended as follows.

(2) In section 2 (interpretation), in subsection (2), after the definition of
“surrender to custody” insert—

  • 25““terrorism offence” means an offence specified in Part 3 of
    Schedule 15 to the Criminal Justice Act 2003,”.

(3) In section 3AA (conditions for the imposition of electronic monitoring
requirements on children and young persons other than in extradition
proceedings), in subsection (3)(a) for “or sexual” substitute “, sexual or
30terrorism”.

(4) In section 3AAA (conditions for the imposition of electronic monitoring
requirements on children and young persons in extradition proceedings), in
subsection (3)(a) for “or sexual” substitute “, sexual or terrorism”.

Repatriation of Prisoners Act 1984 (c. 47)

4 35In the Repatriation of Prisoners Act 1984, in the Schedule (operation of
certain enactments in relation to prisoners to whom the Act applies), in
paragraph 2(3A) for “or sexual” substitute “, sexual or terrorism”.

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Police and Criminal Evidence Act 1984 (c. 60)

5 In the Police and Criminal Evidence Act 1984, in section 38 (duties of
custody officer after charge), in subsection (6A)—

(a) after the definition of “sexual offence” insert—

  • 5““terrorism offence” means an offence specified in Part
    3 of that Schedule;”;

(b) in the closing words, for “or sexual” substitute “, sexual or
terrorism”.

Road Traffic Offenders Act 1988 (c. 53)

6 10In the Road Traffic Offenders Act 1988, in section 35A (extension of
disqualification where custodial sentence also imposed), in subsection (4)—

(a) in paragraph (e), for “or sexual” substitute “, sexual or terrorism”;

(b) in paragraph (f), for “or sexual” substitute “, sexual or terrorism”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

7 (1) 15The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

(2) In section 106A (interaction between detention and training order and
sentence of detention), in subsection (1), in paragraph (b) of the definition of
“sentence of detention”, for “or sexual” substitute “, sexual or terrorism”.

(3) In section 147A (extension of driving disqualification where custodial
20sentence imposed), in subsection (4)—

(a) in paragraph (e), for “or sexual” substitute “, sexual or terrorism”;

(b) in paragraph (f), for “or sexual” substitute “, sexual or terrorism”.

Licensing Act 2003 (c. 17)

8 In the Licensing Act 2003, in Schedule 4 (personal licence: relevant offences),
25after paragraph 19A insert—

19B An offence listed in Part 3 of Schedule 15 to the Criminal Justice
Act 2003 (specified terrorism offences).”

Criminal Justice Act 2003 (c. 44)

9 (1) The Criminal Justice Act 2003 is amended as follows.

(2) 30In Schedule 15 (specified offences for the purposes of certain sentencing
provisions in Chapter 5 of Part 12, relating to dangerous offenders), in Part
1 (specified violent offences) omit the following paragraphs (which mention
terrorism offences that appear in the new Part 3, to be inserted by section 9
of this Act)—

(a) 35paragraph 59A;

(b) paragraph 59B;

(c) paragraph 59C;

(d) paragraph 59D;

(e) paragraph 60A;

(f) 40paragraph 60B;

(g) paragraph 60C;

Counter-Terrorism and Border Security BillPage 73

(h) paragraph 63B;

(i) paragraph 63C;

(j) paragraph 63D;

(k) paragraph 63E;

(l) 5paragraph 63F.

(3) In Schedule 18A (offences for which a special custodial sentence for certain
offenders of particular concern may be imposed)—

(a) in paragraph 7, for “the Terrorism Act 2000” substitute “that Act”;

(b) in paragraph 14, for “the Terrorism Act 2006” substitute “that Act”.

10Domestic Violence, Crime and Victims Act 2004 (c. 28)

10 In the following provisions of the Domestic Violence, Crime and Victims Act
2004 (which relate to duties of local probation boards in connection with
victims of sexual or violent offences), for “or violent” substitute “, violent or
terrorism”—

(a) 15section 35(1)(a);

(b) section 36(2);

(c) section 39(1)(a);

(d) section 42(1)(a);

(e) section 45(2).

20Armed Forces Act 2006 (c. 52)

11 (1) The Armed Forces Act 2006 is amended as follows.

(2) In section 219A (extended sentence for certain violent or sexual offenders
aged 18 or over)—

(a) in the heading, for “or sexual” substitute “, sexual or terrorism”;

(b) 25in subsection (5)(d), after “specified sexual offence” (in both places)
insert “or a specified terrorism offence”;

(c) in subsection (6), after ““specified sexual offence”” insert “, “specified
terrorism offence””.

(3) In section 221A (extended sentence for certain violent or sexual offenders
30aged under 18)—

(a) in the heading, for “or sexual” substitute “, sexual or terrorism”;

(b) in subsection (3)(d), after “specified sexual offence” (in both places)
insert “or a specified terrorism offence”;

(c) in subsection (4), after ““specified sexual offence”” insert “, “specified
35terrorism offence””.

Coroners and Justice Act 2009 (c. 25)

12 (1) The Coroners and Justice Act 2009 is amended as follows.

(2) In section 126 (determination of tariffs etc), in subsection (2)—

(a) in paragraph (c), for “or sexual” substitute “, sexual or terrorism”;

(b) 40in paragraph (d), for “or sexual” substitute “, sexual or terrorism”.

(3) Omit section 138 (which inserted certain terrorism offences to Part 1 of
Schedule 15 to the Criminal Justice Act 2003).

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Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

13 (1) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is
amended as follows.

(2) In section 94 (requirements for electronic monitoring)—

(a) 5in subsection (4)(a) for “or sexual” substitute “, sexual or terrorism”;

(b) in subsection (8), after the definition of “sexual offence” insert—

  • ““terrorism offence” means an offence specified in Part
    3 of Schedule 15 to the Criminal Justice Act 2003;”.

(3) In section 95 (requirements for electronic monitoring: extradition cases), in
10subsection (4)(a) for “or sexual” substitute “, sexual or terrorism”.

(4) In section 98 (first set of conditions for a remand to youth detention
accommodation), in subsection (3)(a) for “or sexual” substitute “, sexual or
terrorism”.

(5) In section 100 (first set of conditions for a remand to youth detention
15accommodation: extradition cases), in subsection (3)(a) for “or sexual”
substitute “, sexual or terrorism”.

(6) In section 107 (interpretation of Chapter 3), in subsection (1), after the
definition of “sexual offence” insert—

  • ““terrorism offence” has the meaning given by section 94(8);”.

(7) 20In Schedule 21 (abolition of certain sentences for dangerous offenders and
new extended sentences: consequential and transitory), in paragraph 36—

(a) in sub-paragraph (2) for “or sexual” substitute “, sexual or terrorism”;

(b) in sub-paragraph (3) for “or sexual” substitute “, sexual or terrorism”.

Part 2 25 Consequential amendments relating to section 11

Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/1216 (N.I. 1))

14 In the Criminal Justice (Northern Ireland) Order 2008, in Schedule 2
(specified offences for the purposes of certain sentencing provisions in
Chapter 3, relating to dangerous offenders), in Part 1, omit the following
30paragraphs (which mention terrorism offences that appear in the new Part
3, to be inserted by section 11)—

(a) paragraph 27A;

(b) paragraph 28A;

(c) paragraph 31A.

35Coroners and Justice Act 2009 (c. 25)

15 In section 139 of the Coroners and Justice Act 2009 (which inserted certain
terrorism offences to Schedules 1 and 2 of the Criminal Justice (Northern
Ireland) Order 2008), omit subsections (5) to (8).

Justice Act (Northern Ireland) 2015 (c. 9 (N.I.))

16 (1) 40Section 55 of the Justice Act (Northern Ireland) 2015 (violent offences
prevention orders) is amended as follows.

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(2) In subsection (3), at the end insert “or a relevant terrorism offence”.

(3) After subsection (3) insert—

(3A) In subsection (3), “relevant terrorism offence” means an offence
under—

(a) 5section 54 of the Terrorism Act 2000 (weapons training);

(b) section 56 of that Act (directing a terrorist organisation);

(c) section 57 of that Act (possession of article for terrorist
purposes);

(d) section 59 of that Act (inciting terrorism overseas);

(e) 10section 47 of the Anti-terrorism, Crime and Security Act 2001
(use etc of nuclear weapons);

(f) section 50 of that Act (assisting or inducing certain weapons-
related acts overseas);

(g) section 113 of that Act (use of noxious substance or thing to
15cause harm or intimidate);

(h) section 5 of the Terrorism Act 2006 (preparation of terrorist
acts);

(i) section 6 of that Act (training for terrorism);

(j) section 9 of that Act (making or possession of radioactive
20device or material);

(k) section 10 of that Act (misuse of radioactive device or
material for terrorist purposes etc);

(l) section 11 of that Act (terrorist threats relating to radioactive
devices etc).”

(4) 25In subsection (4), for “that Part” substitute “Part 1 of Schedule 2 to the 2008
Order”.

Part 3 Consequential amendments relating to Part 2

Children and Young Persons Act 1933 (c. 12)

17 30In section 34 of the Children and Young Persons Act 1933 (attendance at
court of parent of child or young person charged with an offence), after
subsection (11) insert—

(12) The reference in subsection (2) to a child or young person who is in
police detention includes a reference to a child or young person who
35has been detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018; and in subsection (3)
“arrest” includes such detention.”

Police and Criminal Evidence Act 1984 (c. 60)

18 (1) The Police and Criminal Evidence Act 1984 is amended as follows.

(2) 40In section 51 (savings)—

(a) omit “or” at the end of paragraph (b);

Counter-Terrorism and Border Security BillPage 76

(b) after that paragraph insert—

(ba) the powers conferred by virtue of Part 1 of Schedule 3
to the Counter-Terrorism and Border Security Act
2018 (powers of detention);”.

(3) 5In section 56 (right to have someone informed when arrested), in subsection
(10) after “terrorism provisions” insert “or detained under Part 1 of Schedule
3 to the Counter-Terrorism and Border Security Act 2018”.

(4) In section 58 (access to legal advice), in subsection (12) after “terrorism
provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
10Terrorism and Border Security Act 2018”.

(5) In section 61 (fingerprinting), in subsection (9)(b) after “terrorism
provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018”.

(6) In section 61A (impressions of footwear), in subsection (8)(a) after “terrorism
15provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018”.

(7) In section 62 (intimate samples), after subsection (12) insert—

(13) Nothing in this section applies to a person detained under Part 1 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018;
20and subsection (1A) does not apply where the non-intimate samples
mentioned in that subsection were taken under Part 2 of that
Schedule.”

(8) In section 63 (other samples), in subsection (10) at the end insert “or detained
under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act
252018”.

(9) In section 63U (exclusion for certain regimes), after subsection (4) insert—

(4A) Sections 63D to 63T do not apply to material to which paragraphs 36
to 44 of Schedule 3 to the Counter-Terrorism and Border Security Act
2018 (destruction, retention and use of material) apply.”

30Legal Aid (Scotland) Act 1986 (c. 47)

19 In section 8A of the Legal Aid (Scotland) Act 1986 (criminal advice and
assistance: automatic availability in certain circumstances), in subsection (2)
at the end insert—

(d) a person who is detained under section 41 of, or Schedule 7
35to, the Terrorism Act 2000, or

(e) a person who is detained under Part 1 of Schedule 3 to the
Counter-Terrorism and Border Security Act 2018.”

Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

20 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is
40amended as follows.

(2) In Article 51 (savings), after paragraph (b) insert—

(ba) the powers conferred by virtue of Part 1 of Schedule 3 to the
Counter-Terrorism and Border Security Act 2018 (powers of
detention);”.

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(3) In Article 57 (right to have someone informed when arrested), in paragraph
(10) after “terrorism provisions” insert “or detained under Part 1 of Schedule
3 to the Counter-Terrorism and Border Security Act 2018”.

(4) In Article 59 (access to legal advice), in paragraph (12) after “terrorism
5provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018”.

(5) In Article 61 (fingerprinting), in paragraph (9)(b) after “terrorism
provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018”.

(6) 10In Article 61A (impressions of footwear), in paragraph (8)(a) after “terrorism
provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018”.

(7) In Article 62 (intimate samples), after paragraph (12) insert—

(13) Nothing in this Article applies to a person detained under Part 1 of
15Schedule 3 to the Counter-Terrorism and Border Security Act 2018;
and paragraph (1A) does not apply where the non-intimate samples
mentioned in that paragraph were taken under Part 2 of that
Schedule.”

(8) In Article 63 (other samples), in paragraph (11) after “terrorism provisions”
20insert “or detained under Part 1 of Schedule 3 to the Counter-Terrorism and
Border Security Act 2018”.

(9) In Article 63R (as inserted by Schedule 2 to the Criminal Justice Act
(Northern Ireland) 2013 (c. 7 (N.I.)), after paragraph (4) insert—

(4A) Articles 63B to 63Q do not apply to material to which paragraphs 36
25to 44 of Schedule 3 to the Counter-Terrorism and Border Security Act
2018 (destruction, retention and use of material) apply.”

Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813)

21 (1) For paragraph 3 of Schedule 4 to the Channel Tunnel (International
Arrangements) Order 1993 substitute—

3 (1) 30The Terrorism Act 2000 is modified as follows.

(2) Schedule 7 is modified in accordance with paragraphs (3) to (15).

(3) In paragraph 1—

(a) for sub-paragraph (2) substitute—

(2) In this Schedule, “port” includes a railway station or other
35place where—

(a) persons embark or disembark, or

(b) goods are loaded or unloaded,

on or from a through train or shuttle train.”;

(b) in sub-paragraph (3), for “ship or aircraft” substitute
40“through train or shuttle train”, in both places where it
occurs.

(4) In paragraph 2—

(a) in sub-paragraph (2), omit—

Counter-Terrorism and Border Security BillPage 78

(i) in paragraph (a), “or in the border area”;

(ii) in paragraph (b), “or in the area”;

(iii) in paragraph (b), the words from “or Northern
Ireland” to the end;

(b) 5in sub-paragraph (3)—

(i) for “ship or aircraft” substitute “through train or
shuttle train”;

(ii) omit “or Northern Ireland”, in both places where it
occurs;

(c) 10After sub-paragraph (3) insert—

(3A) An examination under sub-paragraph (1) may be
commenced in a train during the period when it is a control
area.”

(5) Omit paragraphs 3 and 4.

(6) 15In paragraph 5, in the opening words, omit “or 3”.

(7) In paragraph 6—

(a) in the opening words, omit “or 3”;

(b) in sub-paragraph (1), for “vehicle” substitute “through
train or shuttle train”;

(c) 20in sub-paragraph (2), for “ship, aircraft or vehicle”
substitute “through train or shuttle train”.

(8) In paragraph 7, for “ship or aircraft” substitute “through train or
shuttle train”, in each place where it occurs.

(9) In paragraph 8—

(a) 25for “ship or aircraft” substitute “through train or shuttle
train”, in each place where it occurs;

(b) omit sub-paragraph (2).

(10) In paragraph 9—

(a) in sub-paragraph (2)—

(i) 30in paragraph (a) omit “or Northern Ireland”;

(ii) in paragraph (a) for “ship or vehicle” substitute
“through train or shuttle train”;

(iii) omit paragraph (b);

(b) omit sub-paragraphs (2A) and (2B);

(c) 35in sub-paragraph (2C), omit paragraph (b);

(d) in sub-paragraph (4)—

(i) for “ship or aircraft” substitute “through train or
shuttle train”;

(ii) omit paragraph (c).

(11) 40Omit paragraph 12.

(12) In paragraph 13—

(a) in sub-paragraph (1)—

(i) in the opening words, for “ships or aircraft”
substitute “through trains or shuttle trains”;

Counter-Terrorism and Border Security BillPage 79

(ii) in sub-paragraph (1)(a), for “United Kingdom”
substitute “Tunnel System”;

(b) in sub-paragraph (2), for “ship or aircraft” substitute
“through train or shuttle train”, in each place where it
5occurs.

(13) For paragraph 14 substitute—

14 (1) The Secretary of State may from time to time give written notice to
persons operating international services designating all or any
through trains as control areas while they are within any area in
10the United Kingdom specified in the notice or while they
constitute a control zone.

(2) The Secretary of State may from time to time give written notice
designating a control area—

(a) to the Concessionaires as respects any part of the tunnel
15system in the United Kingdom or of a control zone within
the tunnel system in France or Belgium, or

(b) to any occupier or person concerned with the management
of a terminal control point in the United Kingdom.

(3) A notice under sub-paragraph (1) or (2) above may specify
20facilities to be provided and conditions and restrictions to be
observed in a control area, and any persons to whom such a notice
is given is to take all reasonable steps to secure that any such
facilities, conditions or restrictions are provided or observed.”

(14) Omit paragraphs 15, 16 and 17.

(15) 25Omit the Table of Designated Ports.

(16) In Schedule 14 (exercise of officers’ powers), in paragraphs 5 and
6, after “this Act”, in each place where it occurs, insert “or the
Channel Tunnel (International Arrangements) Order 1993”.”

(2) Nothing in this paragraph affects the power in section 11 of the Channel
30Tunnel Act 1987 to revoke or amend any provision of the Order amended by
that sub-paragraph.

Criminal Procedure (Scotland) Act 1995 (c. 46)

22 (1) The Criminal Procedure (Scotland) Act 1995 is amended as follows.

(2) In section 18G (retention of samples etc: national security), in subsection
35(1)—

(a) in paragraph (a) after “2000” insert “or by virtue of paragraph 35 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018”;

(b) in paragraph (b) after “2000” insert “or by virtue of paragraph 35 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018”.

(3) 40In section 19C (sections 18 and 19 to 19AA: use of samples etc), in subsection
(1)—

(a) in paragraph (a) after “2000” insert “or by virtue of paragraph 35 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018”;

(b) in paragraph (b) after “2000” insert “or by virtue of paragraph 35 of
45Schedule 3 to the Counter-Terrorism and Border Security Act 2018”.