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

(8) If a person is convicted of more than one offence arising out of a single
course of action, those convictions are to be treated as a single conviction for
the purposes of calculating under paragraph 44 whether the person has been
convicted of only one offence.

(9) 5Nothing in paragraph 44 prevents the start of a new retention period in
relation to paragraph 43 material if a person is detained again under Part 1
of this Schedule when an existing retention period (whether or not
extended) is still in force in relation to that material.

46 (1) Paragraph 43 material may be retained for as long as a national security
10determination made by a chief officer of police has effect in relation to it.

(2) A national security determination is made if a chief officer of police
determines that it is necessary for any paragraph 43 material to be retained
for the purposes of national security.

(3) A national security determination—

(a) 15must be made in writing,

(b) has effect for a maximum of 5 years beginning with the date on
which the determination is made, and

(c) may be renewed.

(4) In this paragraph “chief officer of police” means—

(a) 20a chief officer of police of a police force in England and Wales,

(b) the chief constable of the Police Service of Scotland, or

(c) the Chief Constable of the Police Service of Northern Ireland.

47 (1) This paragraph applies where paragraph 43 material is or includes a
person’s fingerprints (“the original fingerprints”).

(2) 25A constable may make a determination under this paragraph in respect of
any further fingerprints taken from, or provided by, the same person (“the
further fingerprints”) if conditions 1 and 2 are met.

(3) Condition 1 is met if the further fingerprints—

(a) are paragraph 43 material,

(b) 30are taken or provided under or by virtue of—

(i) Part 5 of the Police and Criminal Evidence Act 1984,

(ii) Article 61 of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(iii) any provision, power or authority mentioned in section
3518G(1) of the Criminal Procedure (Scotland) Act 1995,

(iv) paragraph 10 of Schedule 8 to the Terrorism Act 2000, or

(v) paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention
and Investigation Measures Act 2011, or

(c) are material to which section 18 of the Counter-Terrorism Act 2008
40applies.

(4) Condition 2 is met if—

(a) in a case where the further fingerprints are material to which section
18 of the Counter-Terrorism Act 2008 applies, the original
fingerprints and the further fingerprints are held under the law of
45the same part of the United Kingdom;

(b) in any other case, the original fingerprints and the further
fingerprints were taken from or provided by the person in the same
part of the United Kingdom.

(5) Where a determination under this paragraph is made in respect of the
5further fingerprints—

(a) the further fingerprints may be retained for as long as the original
fingerprints are retained under any power conferred by paragraph
44 or 46, and

(b) a requirement under any enactment to destroy the further
10fingerprints does not apply for as long as their retention is authorised
by paragraph (a).

(6) Sub-paragraph (5)(a) does not prevent the further fingerprints being
retained after the original fingerprints fall to be destroyed if the continued
retention of the further fingerprints is authorised under any enactment.

(7) 15A written record must be made of a determination under this paragraph.

48 (1) If fingerprints or relevant physical data are required by paragraph 43 to be
destroyed, any copies of the fingerprints or relevant physical data held by a
police force must also be destroyed.

(2) If a DNA profile is required by that paragraph to be destroyed, no copy may
20be retained by a police force except in a form which does not include
information which identifies the person to whom the DNA profile relates.

49 (1) This paragraph applies to—

(a) samples taken under paragraph 34, or

(b) samples taken by virtue of paragraph 42.

(2) 25Samples to which this paragraph applies must be destroyed if it appears to
the responsible chief officer of police that the taking of the sample was
unlawful.

(3) Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5)
applies.

(4) 30A DNA sample to which this paragraph applies must be destroyed—

(a) as soon as a DNA profile has been derived from the sample, or

(b) if sooner, before the end of the period of 6 months beginning with the
date on which the sample was taken.

(5) Any other sample to which this paragraph applies must be destroyed before
35the end of the period of 6 months beginning with the date on which it was
taken.

(6) Nothing in this paragraph prevents a relevant search, in relation to samples
to which this paragraph applies, from being carried out within such time as
may reasonably be required for the search if the responsible chief officer of
40police considers the search to be desirable.

(7) In this paragraph “a relevant search” has the meaning given by paragraph
43(6).

50 (1) Any material to which paragraph 43 or 49 applies must not be used other
than—

(a) 45in the interests of national security,

(b) for the purposes of a terrorist investigation, as defined by section 32
of the Terrorism Act 2000,

(c) for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution, or

(d) 5for purposes related to the identification of a deceased person or of
the person to whom the material relates.

(2) Subject to sub-paragraph (1), a relevant search (within the meaning given by
paragraph 43(6)) may be carried out in relation to material to which
paragraph 43 or 49 applies if the responsible chief officer of police considers
10the search to be desirable.

(3) Material which is required by paragraph 43 or 49 to be destroyed must not
at any time after it is required to be destroyed be used—

(a) in evidence against the person to whom the material relates, or

(b) for the purposes of the investigation of any offence.

(4) 15In this paragraph—

(a) the reference to using material includes a reference to allowing any
check to be made against it and to disclosing it to any person;

(b) the references to an investigation and to a prosecution include
references, respectively, to any investigation outside the United
20Kingdom of any crime or suspected crime and to a prosecution
brought in respect of any crime in a country or territory outside the
United Kingdom.

(5) Sub-paragraphs (1), (2) and (4) do not form part of the law of Scotland.

51 In paragraphs 43 to 50—

• 25“DNA profile” means any information derived from a DNA sample;

• “DNA sample” means any material that has come from a human body
  and consists of or includes human cells;

• “fingerprints” has the meaning given by section 65(1) of the Police and
  Criminal Evidence Act 1984;

• 30“paragraph 43 material” has the meaning given by paragraph 43(2);

• “police force” means any of the following—

  (a)

  the metropolitan police force;

  (b)

  a police force maintained under section 2 of the Police Act
  1996 (police forces in England and Wales outside London);

  (c)

  35the City of London police force;

  (d)

  the Police Service of Scotland;

  (e)

  the Scottish Police Authority;

  (f)

  the Police Service of Northern Ireland;

  (g)

  the Police Service of Northern Ireland Reserve;

  (h)

  40the Ministry of Defence Police;

  (i)

  the Royal Navy Police;

  (j)

  the Royal Military Police;

  (k)

  the Royal Air Force Police;

  (l)

  the British Transport Police;

• 45“recordable offence” has—

  (a)

  in relation to a conviction in England and Wales, the meaning
  given by section 118(1) of the Police and Criminal Evidence
  Act 1984, and

  Counter-Terrorism and Border Security BillPage 73

  (b)

  in relation to a conviction in Northern Ireland, the meaning
  given by Article 2(2) of the Police and Criminal Evidence
  (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

• “relevant physical data” has the meaning given by section 18(7A) of the
  5Criminal Procedure (Scotland) Act 1995;

• “responsible chief officer of police” means, in relation to fingerprints or
  samples taken in England or Wales, or a DNA profile derived from a
  sample so taken, the chief officer of police for the police area—

  (a)

  in which the material concerned was taken, or

  (b)

  10in the case of a DNA profile, in which the sample from which
  the DNA profile was derived was taken;

• “responsible chief officer of police” means, in relation to relevant
  physical data or samples taken or provided in Scotland, or a DNA
  profile derived from a sample so taken or provided, the chief
  15constable of the Police Service of Scotland;

• “responsible chief officer of police” means, in relation to fingerprints or
  samples taken in Northern Ireland, or a DNA profile derived from a
  sample so taken, the Chief Constable of the Police Service of
  Northern Ireland.

20 Part 3 Review of detention

General requirements

52 (1) The detention of a person (“the detainee”) under Part 1 of this Schedule must
be periodically reviewed by a review officer.

(2) 25The first review must be carried out before the end of the period of one hour
beginning with the detainee’s detention under that Part.

(3) Subsequent reviews must be carried out at intervals of not more than two
hours.

(4) The review officer may authorise a detainee’s continued detention under
30Part 1 of this Schedule only if satisfied that it is necessary for the purposes of
exercising a power under paragraph 1 or 2.

(5) If on a review under this paragraph the review officer does not authorise a
detainee’s continued detention, the detainee must be released (unless
detained under another power).

(6) 35In this Part of this Schedule “review officer” means a senior officer who has
not been directly involved in questioning the detainee under paragraph 1 or
2.

(7) “Senior officer” means—

(a) where the examining officer is a constable, a constable of a higher
40rank than the examining officer,

(b) where the examining officer is an immigration officer, an
immigration officer of a higher grade than the examining officer, and

(c) where the examining officer is a customs officer, a customs officer of
a higher grade than the examining officer.

Representations

53 (1) Before determining whether to authorise a detainee’s continued detention,
a review officer must give either of the following persons an opportunity to
make representations about the detention—

(a) 5the detainee, or

(b) a solicitor representing the detainee who is available at the time of
the review.

(2) Representations may be oral or written.

(3) A review officer may refuse to hear oral representations from the detainee if
10the officer considers that the detainee is unfit to make representations
because of the detainee’s condition or behaviour.

Rights

54 (1) Where a review officer authorises continued detention the officer must
inform the detainee—

(a) 15of any of the detainee’s rights under paragraph 29 or 30 (in the case
of a detainee in England, Wales or Northern Ireland), or paragraph
37 (in the case of a detainee in Scotland), which have not yet been
exercised, and

(b) if the exercise of any of those rights is being delayed in accordance
20with the provisions of paragraph 31 or 37, of the fact that it is being
delayed.

(2) Where a review of a detainee’s detention is being carried out at a time when
the detainee’s exercise of a right under paragraph 29 or 30 (in the case of a
detainee in England, Wales or Northern Ireland), or paragraph 37 (in the
25case of a detainee in Scotland), is being delayed—

(a) the review officer must consider whether the reason or reasons for
which the delay was authorised continue to subsist, and

(b) if in the review officer’s opinion the reason or reasons have ceased to
subsist, the review officer must inform the officer who authorised the
30delay of that opinion (unless the review officer was that officer).

Record

55 (1) A review officer carrying out a review must make a written record of the
outcome of the review and of any of the following which apply—

(a) the fact that the officer is satisfied that continued detention is
35necessary for the purposes of exercising a power under paragraph 1
or 2,

(b) the fact that the detainee has been informed as required under
paragraph 54(1),

(c) the officer’s conclusion on the matter considered under paragraph
4054(2)(a), and

(d) the fact that the officer has taken action under paragraph 54(2)(b).

(2) The review officer must inform the detainee whether the officer is
authorising continued detention, and if so that the officer is satisfied that
continued detention is necessary for the purposes of exercising a power
45under paragraph 1 or 2.

(3) Sub-paragraph (2) does not apply where the detainee is—

(a) incapable of understanding what is said,

(b) violent or likely to become violent, or

(c) in urgent need of medical attention.

5 Part 4 Codes of practice

56 (1) The Secretary of State must issue codes of practice about—

(a) training to be undertaken by constables, immigration officers and
customs officers who are to act as examining officers or exercise
10other functions under this Schedule,

(b) the exercise by such persons of functions conferred on them by virtue
of this Schedule,

(c) the video recording (with sound) of interviews by constables of
persons detained under Part 1 of this Schedule at a police station, and

(d) 15reviews under Part 3 of this Schedule.

(2) An examining officer must perform the functions conferred by virtue of this
Schedule in accordance with any relevant code of practice in operation
under sub-paragraph (1)(b).

(3) A code of the kind mentioned in sub-paragraph (1)(c)—

(a) 20may make different provision in relation to a particular part of the
United Kingdom;

(b) may make different provision for different parts of the United
Kingdom.

(4) A code of the kind mentioned in sub-paragraph (1)(d) must include
25provision about training to be undertaken by persons who are to act as
review officers.

(5) The failure of an examining officer to observe a provision of a code does not
of itself make the officer liable to criminal or civil proceedings.

(6) A code—

(a) 30is admissible in evidence in criminal and civil proceedings, and

(b) is to be taken into account by a court or tribunal in any case in which
it appears to the court or tribunal to be relevant.

(7) The Secretary of State may revise a code and issue the revised code.

57 (1) Before issuing a code under paragraph 56 the Secretary of State must—

(a) 35publish a draft code,

(b) consider any representations made about the draft, and

(c) if the Secretary of State thinks it appropriate, modify the draft in the
light of any such representations.

(2) The Secretary of State must lay a draft of the code before Parliament.

(3) 40After the code has been laid before Parliament the Secretary of State may
bring it into operation by regulations.

(4) Sub-paragraphs (1) to (3) apply to the issue of a revised code as they apply
to the first issue of the code.

(5) Regulations under sub-paragraph (3) must be made by statutory
instrument.

(6) A statutory instrument containing regulations under sub-paragraph (3) may
not be made unless a draft of the instrument has been laid before and
5approved by a resolution of each House of Parliament.

Part 5 Related powers

Entry

58 (1) An examining officer may enter a vehicle for the purpose of exercising a
10function conferred on the officer by virtue of this Schedule.

(2) In this paragraph “vehicle” includes an aircraft, hovercraft, train or vessel.

Reasonable force

59 (1) An examining officer may if necessary use reasonable force for the purpose
of exercising a power conferred on the officer by virtue of this Schedule.

(2) 15Sub-paragraph (1) does not apply in relation to the powers conferred by
paragraphs 1 or 2.

Information

60 (1) Information acquired by an examining officer may be supplied—

(a) to the Secretary of State for use in relation to immigration;

(b) 20to the Commissioners for Her Majesty’s Revenue and Customs or a
customs officer;

(c) to a constable;

(d) to the National Crime Agency;

(e) to a person specified in regulations made by the Secretary of State for
25use of a kind specified in the regulations.

(2) Information acquired by a customs officer or an immigration officer may be
supplied to an examining officer.

(3) A person may be specified in regulations under this paragraph only if the
person exercises public functions (whether or not in the United Kingdom).

(4) 30Regulations under this paragraph must be made by statutory instrument.

(5) A statutory instrument containing regulations under this paragraph may
not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

Other police powers

61 35A power conferred by virtue of this Schedule on a constable—

(a) is additional to powers exercisable at common law or by virtue of
any other enactment, and

(b) is not to be taken to affect those powers.

Part 6 Review of powers

62 (1) The Investigatory Powers Commissioner (“the Commissioner”) must—

(a) keep under review the operation of the preceding provisions of this
5Schedule, and

(b) as soon as reasonably practicable after the end of each calendar year,
make a report to the Secretary of State about the outcome of the
review for that calendar year.

(2) The Commissioner may, at any time, make any such report to the Secretary
10of State, on any matter relating to the function of the Commissioner under
sub-paragraph (1)(a), as the Commissioner considers appropriate.

(3) On receiving a report under this paragraph the Secretary of State must—

(a) publish the report, and

(b) lay a copy of the published report before Parliament together with a
15statement as to whether any part of the report has been excluded
from publication under sub-paragraph (4).

(4) The Secretary of State may, after consultation with the Commissioner,
exclude from publication any part of a report received under this paragraph
if, in the opinion of the Secretary of State, the publication of that part would
20be contrary to the public interest or prejudicial to—

(a) national security,

(b) the prevention or detection of crime,

(c) the economic well-being of the United Kingdom, or

(d) the continued discharge of the functions of any public authority
25whose activities include activities that are subject to review by the
Commissioner.

(5) Section 229(6) and (7) of the Investigatory Powers Act 2016 (duty not to act
contrary to public interest etc) apply to the exercise of functions under this
paragraph as they apply to the exercise of functions under that Act.

(6) 30In section 231 of the Investigatory Powers Act 2016 (error reporting), the
reference in subsection (9)(a) to any other enactment does not include this
Schedule.

(7) The duty in section 234(1) of the Investigatory Powers Act 2016 (annual and
other reports) to make a report about the carrying out of functions does not
35apply in relation to the functions of the Commissioner under this Schedule.

(8) In this paragraph “public authority” means a public authority within the
meaning of section 6 of the Human Rights Act 1998, other than a court or
tribunal.

Part 7 40 Cross-Channel rail services

63 (1) At the end of Schedule 4 to the Channel Tunnel (International

Arrangements) Order 1993 (S.I. 1993/1813) insert—

“Counter-Terrorism and Border Security Act 2018

7 (1) Schedule 3 to the Counter-Terrorism and Border Security Act 2018
(border security) is modified as follows.

(2) 5In paragraph 1—

(a) in sub-paragraph (2) omit—

(i) “or in the border area”, in both places where it
occurs;

(ii) “or Northern Ireland”, where it occurs in
10paragraph (b)(i);

(iii) paragraph (b)(ii);

(b) in sub-paragraph (3)—

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

(ii) 15omit “or Northern Ireland”, in both places where it
occurs;

(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
20area.”

(3) Omit paragraph 2.

(4) In paragraph 4—

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

(b) 25in sub-paragraph (2), for “ship, aircraft or vehicle”
substitute “through train or shuttle train”;

(c) omit sub-paragraph (4).

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

(6) 30In paragraph 8—

(a) in sub-paragraph (1), for “ship or aircraft”, in each place
where it occurs, substitute “through train or shuttle train”;

(b) omit sub-paragraph (2).

(7) In paragraph 9—

(a) 35in 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) 40omit sub-paragraphs (3) and (4);

(c) in sub-paragraph (5), omit paragraph (b);

(d) in sub-paragraph (6)—

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

(ii) 45omit paragraph (b).

(8) Omit paragraph 63.

(9) In paragraph 64—

(a) in sub-paragraph (4) omit the references to “ship” and
“vehicle” and for “an airport and a hoverport” substitute “a
5railway station or other place where persons embark or
disembark, or goods are loaded or unloaded, on or from a
through train or shuttle train (as the case may be)”;

(b) in sub-paragraph (5), for “ship or aircraft”, in both places,
substitute “through train or shuttle train”;

(c) 10omit sub-paragraph (6).

(10) In the following provisions, omit “or 2”—

(a) paragraph 3;

(b) paragraph 4(1);

(c) paragraph 5(1);

(d) 15paragraph 6;

(e) paragraph 31(2) and (8);

(f) paragraph 52(4) and (6);

(g) paragraph 55(1)(a) and (2).

(11) In the following provisions, after “this Schedule” insert “or the
20Channel Tunnel (International Arrangements) Order 1993”—

(a) paragraph 56(1) and (2) (in each place where the words
occur);

(b) paragraph 59(1);

(c) paragraph 61.”

(2) 25Nothing in sub-paragraph (1) affects the power in section 11 of the Channel
Tunnel Act 1987 to revoke or amend any provision of the Order amended by
that sub-paragraph.

Part 8 Interpretation

64 (1) 30This paragraph applies for the purposes of this Schedule.

(2) References to engagement in hostile activity are to be read in accordance
with paragraph 1(5); and references to a “hostile act” are to be read in
accordance with paragraph 1(6).

(3) “Examining officer” means—

(a) 35a 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
1(1)(b) of that Schedule), and

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

(4) The following terms have the meaning given—

• “act” includes omission;

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

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

Counter-Terrorism and Border Security BillPage 80

• “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
  Commissioner” have the same meanings as in the Investigatory
  5Powers 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
  intangible or incorporeal property;

• 10“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) has gone there for the purpose of embarking on a ship or aircraft, or

(b) 15has 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) it is the first place at which a train travelling from the Republic of
20Ireland 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
part of the United Kingdom, would constitute one or more criminal
25offences.

(8) References to an enactment include references to—

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

(b) an enactment comprised in, or in an instrument made under, an Act
30of 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
1(7)(d).

(10) 35References to a part of the United Kingdom are references to—

(a) England and Wales,

(b) Scotland, or

(c) Northern Ireland.

Section 23

SCHEDULE 4 Minor and consequential amendments

Part 1 Consequential amendments relating to section 9

5Children 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) in subsection (6)—

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

(ii) 10after paragraph (b) insert—

“(ba) a terrorism offence, or”;

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

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

15Parliamentary 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
terrorism”.

Bail Act 1976 (c. 63)

3 (1) 20The Bail Act 1976 is amended as follows.

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

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

(3) 25In 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
terrorism”.

(4) In section 3AAA (conditions for the imposition of electronic monitoring
30requirements 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 In the Repatriation of Prisoners Act 1984, in the Schedule (operation of
certain enactments in relation to prisoners to whom the Act applies), in
35paragraph 2(3A) for “or sexual” substitute “, sexual or terrorism”.

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—

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

(b) in the closing words, for “or sexual” substitute “, sexual or
5terrorism”.

Road Traffic Offenders Act 1988 (c. 53)

6 In 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) 10in paragraph (f), for “or sexual” substitute “, sexual or terrorism”.

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

7 (1) The 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
15“sentence of detention”, for “or sexual” substitute “, sexual or terrorism”.

(3) In section 147A (extension of driving disqualification where custodial
sentence 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”.

20Licensing Act 2003 (c. 17)

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

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

25Criminal Justice Act 2003 (c. 44)

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

(2) In 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
30terrorism offences that appear in the new Part 3, to be inserted by section 9
of this Act)—

(a) paragraph 59A;

(b) paragraph 59B;

(c) paragraph 59C;

(d) 35paragraph 59D;

(e) paragraph 60A;

(f) paragraph 60B;

(g) paragraph 60C;

(h) paragraph 63B;

(i) 40paragraph 63C;

(j) paragraph 63D;

(k) paragraph 63E;

(l) paragraph 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) 5in paragraph 14, for “the Terrorism Act 2006” substitute “that Act”.

Domestic 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
10terrorism”—

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

(b) section 36(2);

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

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

(e) 15section 45(2).

Armed 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) 20in the heading, for “or sexual” substitute “, sexual or terrorism”;

(b) in 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) 25In section 221A (extended sentence for certain violent or sexual offenders
aged 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) 30in subsection (4), after ““specified sexual offence”” insert “, “specified
terrorism 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) 35in paragraph (c), for “or sexual” substitute “, sexual or terrorism”;

(b) in 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).

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

13 (1) 40The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is
amended as follows.