Counter-Terrorism and Border Security Bill (HL Bill 153)

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

(a) in 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
  53 of Schedule 15 to the Criminal Justice Act 2003;”.

(3) In section 95 (requirements for electronic monitoring: extradition cases), in
subsection (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
10terrorism”.

(5) In section 100 (first set of conditions for a remand to youth detention
accommodation: 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
15definition of “sexual offence” insert—

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

(7) In 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) 20in sub-paragraph (3) for “or sexual” substitute “, sexual or terrorism”.

Part 2 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
25(specified offences for the purposes of certain sentencing provisions in
Chapter 3, relating to dangerous offenders), in Part 1, omit the following
paragraphs (which mention terrorism offences that appear in the new Part
3, to be inserted by section 11)—

(a) paragraph 27A;

(b) 30paragraph 28A;

(c) paragraph 31A.

Coroners 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
35Ireland) Order 2008), omit subsections (5) to (8).

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

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

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

(b) 5section 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) section 47 of the Anti-terrorism, Crime and Security Act 2001
10(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
cause harm or intimidate);

(h) 15section 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
device or material);

(k) 20section 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) In subsection (4), for “that Part” substitute “Part 1 of Schedule 2 to the 2008
25Order”.

Part 3 Consequential amendments relating to Part 2

Children and Young Persons Act 1933 (c. 12)

17 In section 34 of the Children and Young Persons Act 1933 (attendance at
30court 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
has been detained under Part 1 of Schedule 3 to the Counter-
35Terrorism 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) In section 51 (savings)—

(a) 40omit “or” at the end of paragraph (b);

(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) In 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
5provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism 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) 10In section 61A (impressions of footwear), in subsection (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 section 62 (intimate samples), after subsection (12) insert—

“(13) Nothing in this section applies to a person detained under Part 1 of
15Schedule 3 to the Counter-Terrorism and Border Security Act 2018;
and 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
20under Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act
2018”.

(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 43
to 51 of Schedule 3 to the Counter-Terrorism and Border Security Act
252018 (destruction, retention and use of material) apply.”

Legal 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) 30a person who is detained under section 41 of, or Schedule 7
to, 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) 35The Police and Criminal Evidence (Northern Ireland) Order 1989 is
amended 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
40detention);”.

(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
provisions” 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
5provisions” insert “or detained under Part 1 of Schedule 3 to the Counter-
Terrorism and Border Security Act 2018”.

(6) In 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) 10In Article 62 (intimate samples), after paragraph (12) insert—

“(13) Nothing in this Article applies to a person detained under Part 1 of
Schedule 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
15Schedule.”

(8) In Article 63 (other samples), in paragraph (11) after “terrorism provisions”
insert “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
20(Northern Ireland) 2013 (c. 7 (N.I.)), after paragraph (4) insert—

“(4A) Articles 63B to 63Q do not apply to material to which paragraphs 43
to 51 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) 25For paragraph 3 of Schedule 4 to the Channel Tunnel (International
Arrangements) Order 1993 substitute—

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

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

(3) In paragraph 1—

(a) 30for sub-paragraph (2) substitute—

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

(a) persons embark or disembark, or

(b) goods are loaded or unloaded,

35on or from a through train or shuttle train.”;

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

(4) In paragraph 2—

(a) 40in sub-paragraph (2), omit—

(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) in sub-paragraph (3)—

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

(ii) omit “or Northern Ireland”, in both places where it
5occurs;

(c) After 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) 10Omit paragraphs 3 and 4.

(6) In 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
15train or shuttle train”;

(c) in 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) 20In paragraph 8—

(a) for “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) 25in sub-paragraph (2)—

(i) in 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) 30omit sub-paragraphs (2A) and (2B);

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

(d) in sub-paragraph (4)—

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

(ii) 35omit paragraph (c).

(11) Omit paragraph 12.

(12) In paragraph 13—

(a) in sub-paragraph (1)—

(i) in the opening words, for “ships or aircraft”
40substitute “through trains or shuttle trains”;

(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
45occurs.

(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
5the 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
10system 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
15facilities 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) 20Omit 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 sub-paragraph (1) affects the power in section 11 of the Channel
25Tunnel 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
30(1)—

(a) in paragraph (a) after “2000” insert “or by virtue of paragraph 42 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018”;

(b) in paragraph (b) after “2000” insert “or by virtue of paragraph 42 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018”.

(3) 35In 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 42 of
Schedule 3 to the Counter-Terrorism and Border Security Act 2018”;

(b) in paragraph (b) after “2000” insert “or by virtue of paragraph 42 of
40Schedule 3 to the Counter-Terrorism and Border Security Act 2018”.

Terrorism Act 2000 (c. 11)

23 (1) The Terrorism Act 2000 is amended as follows.