Police, Crime, Sentencing and Courts Bill (HL Bill 95)

Part 10 continued    

Chapter 4 Management of terrorist offenders

182 Terrorist offenders released on licence: arrest without warrant pending recall
decision

(1)5After section 43A of the Terrorism Act 2000 insert—

“Offenders released on licence: powers in connection with protecting public from risk
of terrorism

43B Terrorist offenders released on licence: arrest without warrant
pending recall decision

(1)10Subject to subsection (2), a constable may arrest without warrant a
terrorist offender who has been released on licence if the constable—

(a)has reasonable grounds for suspecting that the offender has
breached a condition of their licence, and

(b)reasonably considers that it is necessary, for purposes
15connected with protecting members of the public from a risk of
terrorism, to detain the offender until a recall decision is made.

(2)A terrorist offender who is detained under this section must (unless
recalled or otherwise detained under any other power) be released—

(a)if a recall decision is made not to revoke the offender’s licence
20(and accordingly the offender is not recalled to prison), as soon
as practicable after that decision is made, or

(b)if a recall decision has not been made by the end of the relevant
period, at the end of that period.

(3)Part 1 of Schedule 8 makes provision that applies where a terrorist
25offender is arrested under this section.

(4)In this section “terrorist offender” means—

(a)an offender to whom a restricted release provision applies or
would apply but for the fact that the offender has been released
on licence;

(b)30a life prisoner within the meaning of Chapter 2 of Part 2 of the
Crime (Sentences) Act 1997 (see section 34 of that Act) who is
serving a sentence for an offence within section 247A(2) of the
Criminal Justice Act 2003;

(c)a life prisoner within the meaning of Part 1 of the Prisoners and
35Criminal Proceedings (Scotland) Act 1993 (see section 27 of that
Act) who is serving a sentence, or is subject to an order for
lifelong restriction, for an offence within section 1AB(2) of that
Act;

(d)a life prisoner within the meaning of the Life Sentences
40(Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see
Article 2 of that Order) who is serving a sentence for an offence
within Article 20A(2) of the Criminal Justice (Northern Ireland)
Order 2008 (S.I. 2008/1216 (N.I. 1)).

(5)For the purposes of this section—

(a)a reference to an offender who has been released on licence
includes an offender who —

(i)has been released temporarily pursuant to rules made
under section 47(5) of the Prison Act 1952 or section
513(1)(c) of the Prison Act (Northern Ireland) 1953 (c. 18
(N.I.)), or

(ii)has been released temporarily on licence pursuant to
rules made under section 39(6) of the Prisons (Scotland)
Act 1989;

(b)10a reference to a condition of an offender’s licence includes a
condition to which an offender’s temporary release is subject;

(c)a reference to revocation of an offender’s licence includes recall
of an offender from temporary release.

(6)In this section—

• 15“prison” includes any place where a person is liable to be detained;

• “recall decision”, in relation to a terrorist offender who has been
  released on licence, means a decision by any person with the
  power to revoke the offender’s licence and recall the offender to
  prison whether or not to exercise that power;

• 20the “relevant period” means—

  (a)

  in relation to a terrorist offender who has been released
  on licence under the law of England and Wales, the
  period of 6 hours beginning with the time of the arrest
  under this section;

  (b)

  25in relation to a terrorist offender who has been released
  on licence under the law of Scotland or Northern
  Ireland, the period of 12 hours beginning with the time
  of the arrest under this section;

• “restricted release provision” means—

  (a)

  30section 247A of the Criminal Justice Act 2003;

  (b)

  section 1AB of the Prisoners and Criminal Proceedings
  (Scotland) Act 1993;

  (c)

  Article 20A of the Criminal Justice (Northern Ireland)
  Order 2008.

(7)35A person who has the powers of a constable in one part of the United
Kingdom may exercise the power under subsection (1) in any part of
the United Kingdom.”

(2)In Schedule 8 to the Terrorism Act 2000 (detention)—

(a)in the shoulder reference, for “Section 41” substitute “Sections 41 and
4043B”;

(b)in the heading for Part 1, after “41” insert “or 43B”;

(c)in paragraph 1, in sub-paragraphs (1), (2) and (4), after “41” insert “or
43B”;

(d)in paragraph 2, before sub-paragraph (1) insert—

“(A1)45This paragraph applies in the case of a person detained under
Schedule 7 or section 41.”;

(e)in paragraph 6—

(i)in sub-paragraph (1), for the words from “Subject to” to “section
41” substitute “A person detained under Schedule 7 or section
41 or 43B”;

(ii)after sub-paragraph (1) insert—

“(1A)5In the case of a person detained under Schedule 7 or
section 41, sub-paragraph (1) is subject to paragraph
8.”;

(f)in paragraph 7—

(i)in sub-paragraph (1), for the words from “Subject to” to “section
1041” substitute “A person detained under Schedule 7 or section
41 or 43B”;

(ii)after sub-paragraph (1) insert—

“(1A)Sub-paragraph (1) is subject—

(a)in the case of a person detained under
15Schedule 7 or section 41, to paragraphs 8 and
9, and

(b)in the case of a person detained under section
43B, to paragraph 9.”;

(g)in paragraph 8, before sub-paragraph (1) insert—

“(A1)20This paragraph does not apply in the case of a person
detained under section 43B (except for the purposes of
paragraph 9(3)(a)).”;

(h)after paragraph 13 insert—

“13ANo fingerprint, intimate sample or non-intimate sample may
25be taken from a person detained under section 43B.”;

(i)in paragraph 16—

(i)in sub-paragraph (1), after “41” insert “or 43B”;

(ii)in sub-paragraphs (4) and (7), at the beginning insert “Where a
person is detained under Schedule 7 or section 41,”;

(j)30in paragraph 18, in sub-paragraphs (1) and (2), after “41” insert “or
43B”.

183 Power to search terrorist offenders released on licence

After section 43B of the Terrorism Act 2000 insert—

“43C Power to search terrorist offenders released on licence

(1)35A constable may stop and search a terrorist offender who is within
subsection (2) if the constable is satisfied that it is necessary to do so for
purposes connected with protecting members of the public from a risk
of terrorism.

(2)A terrorist offender is within this subsection if—

(a)40the offender has been released on licence (and not recalled), and

(b)the offender’s licence includes a search condition.

(3)The power in subsection (1) may be exercised in any place to which the
constable lawfully has access (whether or not it is a place to which the
public has access).

(4)Subsection (5) applies if a constable, in exercising the power in
subsection (1) to stop a terrorist offender, stops a vehicle (see section
116(2)).

(5)The constable may search the vehicle and anything in or on it for
5purposes connected with protecting members of the public from a risk
of terrorism.

(6)Nothing in subsection (5) confers a power to search any person, but the
power to search in that subsection is in addition to the power in
subsection (1) to search a terrorist offender.

(7)10The power in subsection (1) to search a terrorist offender includes
power to search anything carried by the offender.

(8)Subsection (5) of section 43B applies for the purposes of this section as
it applies for the purposes of that section.

(9)In this section—

• 15“search condition” means a condition requiring the offender to
  submit to a search of their person under this section;

• “terrorist offender” has the same meaning as in section 43B.

(10)A person who has the powers of a constable in one part of the United
Kingdom may exercise a power under this section in any part of the
20United Kingdom.”

184 Search of premises of offender released on licence for purposes connected
with protection from risk of terrorism

After section 43C of the Terrorism Act 2000 insert—

“43D Search of premises of offender released on licence for purposes
25connected with protection from risk of terrorism

(1)A justice may issue a warrant under this section if, on the application of
a senior police officer of the relevant force, the justice is satisfied that
the requirements in subsection (2) are met.

(2)The requirements are—

(a)30that the person specified in the application is a relevant offender
who has been released on licence (and not recalled),

(b)that there are reasonable grounds for believing that the person
resides, or may regularly be found, at premises (whether
residential or otherwise) specified in the application,

(c)35that it is necessary, for purposes connected with protecting
members of the public from a risk of terrorism, for a constable
to enter and search premises specified in the application, and

(d)the occupier of the premises is unlikely to consent to a constable
entering or searching the premises specified in the application.

(3)40A warrant under this section must specify each set of premises to which
it relates (which are to be premises in relation to which the
requirements in subsection (2)(b) to (d) are met).

(4)A warrant under this section is a warrant that authorises a constable of
the relevant force, for the purposes referred to in subsection (2)(c)—

(a)to enter the premises to which it relates, and

(b)to search the premises or, if the premises are multiple
occupancy premises, the relevant parts of the premises.

(5)A warrant under this section may—

(a)5authorise the constable executing it to use reasonable force if
necessary to enter and search the premises;

(b)authorise entry to, and search of, the premises on more than one
occasion (whether on a certain number of occasions or without
limit), so far as the justice who issues the warrant is satisfied
10that such authorisation is necessary for the purposes referred to
in subsection (2)(c).

(6)For the purposes of subsection (4)—

(a)“multiple occupancy premises” are premises at which two or
more individuals who are not members of the same household
15reside;

(b)the reference to the “relevant parts” of multiple occupancy
premises is to those parts of the premises to which the constable
has reasonable grounds for believing that the person to whom
the warrant relates has access.

(7)20Subsection (5) of section 43B applies for the purposes of this section as
it applies for the purposes of that section.

(8)In this section “relevant offender” means—

(a)a prisoner to whom Chapter 6 of Part 12 of the Criminal Justice
Act 2003 applies (release of fixed-term prisoners);

(b)25a life prisoner within the meaning of Chapter 2 of Part 2 of the
Crime (Sentences) Act 1997 (see section 34 of that Act);

(c)a short-term prisoner, long-term prisoner or life prisoner within
the meaning of Part 1 of the Prisoners and Criminal Proceedings
(Scotland) Act 1993 (see section 27 of that Act);

(d)30a fixed-term prisoner within the meaning of Chapter 4 of Part 2
of the Criminal Justice (Northern Ireland) Order 2008 (S.I. 2008/
1216 (N.I. 1)) (see Article 16 of that Order);

(e)a life prisoner within the meaning of the Life Sentences
(Northern Ireland) Order 2001 (S.I. 2001/2564 (N.I. 2)) (see
35Article 2 of that Order).

(9)In this section—

• “justice” means—

  (a)

  a justice of the peace in England and Wales,

  (b)

  a sheriff or summary sheriff in Scotland, or

  (c)

  40a lay magistrate in Northern Ireland;

• “relevant force” means—

  (a)

  if the premises specified in the application for the
  warrant are in England or Wales, the police force
  maintained for the police area in which those premises
  45are situated,

  (b)

  if those premises are in Scotland, the Police Service of
  Scotland, or

  (c)

  if those premises are in Northern Ireland, the Police
  Service of Northern Ireland;

• “senior police officer” means a constable of the rank of
  superintendent or above.”

185 Powers of seizure and retention

After section 43D of the Terrorism Act 2000 insert—

“43E 5Seizure and retention of items found in search under section 43C or
43D

(1)This section applies where a constable carries out—

(a)a search of a terrorist offender under section 43C(1),

(b)a search of a vehicle, or anything in or on a vehicle, under
10section 43C(5), or

(c)a search of premises further to a warrant issued under section
43D.

(2)A constable may seize anything that the constable finds in the course of
the search if—

(a)15the constable reasonably suspects 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, or

(b)20the constable reasonably believes that it is necessary to do so for
the purpose of ascertaining—

(i)whether the offender has breached a condition of the
offender’s licence, and

(ii)if so, whether the breach affects the risk of terrorism to
25which members of the public are exposed.

(3)Anything seized under subsection (2) may be—

(a)subjected to tests;

(b)retained for as long as is necessary in all the circumstances (but
see subsection (5)).

(4)30In 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 or contains evidence in relation to an offence, it may be
retained—

(i)35for use as evidence at a trial for an offence, or

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

(b)if a constable has reasonable grounds for believing that the
thing has been obtained in consequence of the commission of an
40offence, it may be retained in order to establish its lawful owner.

(5)Anything seized under subsection (2)(b) that is not retained as
mentioned in subsection (4)(a) or (b) may be retained for a maximum
period of 7 days beginning with the day after the day on which the
thing is seized.

(6)Nothing may be retained for either of the purposes mentioned in
subsection (4)(a) if a photograph or copy would be sufficient for that
purpose.

(7)In this section “offender” means—

(a)5in relation to a search under section 43C, the terrorist offender
to whom the search relates;

(b)in relation to a search under section 43D, the relevant offender
in relation to whom the warrant authorising the search was
issued.

(8)10Nothing in this section affects any power of a court to make an order
under section 1 of the Police (Property) Act 1897.”

186 Sections 182 to 185: consequential provision

Schedule 18 makes provision that is consequential on sections 182 to 185.

187 Arrangements for assessing etc risks posed by certain offenders

(1)15Section 325 of the Criminal Justice Act 2003 (arrangements for assessing etc
risks posed by certain offenders) is amended in accordance with subsections
(2) to (6).

(2)In subsection (1), in the definition of “relevant sexual or violent offender”, for
“has the meaning” substitute “and “relevant terrorist offender” have the
20meanings”.

(3)In subsection (2)—

(a)for the “and” at the end of paragraph (a) substitute—

“(aa)relevant terrorist offenders,”

(b)at the end of paragraph (b) insert “, and

(c)25other persons who have committed offences (wherever
committed) and are considered by the responsible
authority to be persons who may be at risk of
involvement in terrorism-related activity.”

(4)For subsection (4) substitute—

“(4)30A person to whom subsection (4A) applies may, for the purpose
described in subsection (2), disclose information to another person to
whom subsection (4A) applies.

(4A)This subsection applies to—

(a)the responsible authority,

(b)35a person specified in subsection (6), and

(c)a person who the responsible authority considers may
contribute to the achievement of the purpose described in
subsection (2).

(4B)A disclosure under subsection (4) does not breach—

(a)40any obligation of confidence owed by the person making the
disclosure, or

(b)any other restriction on the disclosure of information (however
imposed).

(4C)But subsection (4) does not authorise a disclosure of information that—

(a)would contravene the data protection legislation (but in
determining whether it would do so, the power in that
subsection is to be taken into account), or

(b)5would be prohibited by any of Parts 1 to 7 or Chapter 1 of Part
9 of the Investigatory Powers Act 2016.

(4D)Subsection (4E) applies if a person who may disclose or receive
information by virtue of subsection (4) would not otherwise be a
competent authority for the purposes of Part 3 of the Data Protection
10Act 2018 (law enforcement processing) in relation to the processing by
that person of personal data by virtue of that subsection.

(4E)The person is to be treated as a competent authority for the purposes of
that Part in relation to the processing by that person of personal data by
virtue of subsection (4).

(4F)15But subsection (4E) does not apply to an intelligence service within the
meaning of Part 4 of the Data Protection Act 2018 (see section 82(2) of
that Act).

(4G)Subsections (4) to (4F) do not affect any power to disclose information
apart from that conferred by subsection (4).”

(5)20In subsection (6), in the opening words, after “(3)” insert “, (4A)(b)”.

(6)In subsection (9), at the appropriate places insert—

• ““the data protection legislation” has the same meaning as in the
  Data Protection Act 2018 (see section 3 of that Act);”;

• ““involvement in terrorism-related activity” has the same
  25meaning as in the Terrorism Prevention and Investigation
  Measures Act 2011 (see section 4 of that Act);”;

• ““personal data” has the same meaning as in the Data Protection
  Act 2018 (see section 3(2) of that Act);”;

• ““processing” has the same meaning as in the Data Protection Act
  302018 (see section 3(4) of that Act);”.

(7)Section 327 of the Criminal Justice Act 2003 (interpretation of section 325) is
amended in accordance with subsections (8) to (10).

(8)In subsection (3)—

(a)in paragraph (a)—

(i)35for “is” substitute “has been”, and

(ii)after “specified in” insert “Part 1 or 2 of”, and

(b)in paragraph (b)—

(i)in the words before sub-paragraph (i), for “is” substitute “was”,

(ii)in sub-paragraph (i), for “for a term of 12 months or more”
40substitute “that is not for a term of less than 12 months”, and

(iii)after sub-paragraph (v) insert—

“(va)a sentence of custody for life under
section 93 or 94 of the Powers of Criminal
Courts (Sentencing) Act 2000 or under
45section 272 or 275 of the Sentencing
Code,”.

(9)In subsection (4)(a), after “specified in” insert “Part 1 or 2 of”.

(10)After subsection (4A) insert—

“(4B)For the purposes of section 325, a person is a relevant terrorist offender
if the person falls within one or both of subsections (4C) and (4D).

(4C)A person falls within this subsection if the person is subject to the
5notification requirements of Part 4 of the Counter-Terrorism Act 2008.

(4D)A person falls within this subsection if the person has been convicted of
and sentenced for a relevant terrorist offence, or otherwise dealt within
in relation to such an offence, as described in—

(a)paragraph (a) or (b) of section 45(1) of the Counter-Terrorism
10Act 2008,

(b)paragraph (a) or (b) of section 45(2) of that Act,

(c)paragraph (a) or (b) of section 45(3) of that Act, or

(d)paragraph (a) or (b) of paragraph 5(1) of Schedule 6 to that Act.

(4E)For the purposes of subsection (4D)—

(a)15any reference in the Counter-Terrorism Act 2008 to an offence
to which Part 4 of that Act applies is to be read as if it were a
reference to a relevant terrorist offence, and

(b)any reference in that Act to a hospital order is to be read as if it
included a guardianship order within the meaning of the
20Mental Health Act 1983 or the Mental Health (Northern Ireland)
Order 1986 (S.I. 1986/595 (N.I. 4)).

(4F)In subsections (4D) and (4E) “relevant terrorist offence” means—

(a)an offence specified in Part 1 or 2 of Schedule 19ZA (terrorism
offences punishable with imprisonment for life or for more than
25two years),

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

(c)an offence which was determined to have a terrorist connection
(see subsection (4G));

30and in paragraph (b) “service offence” and “corresponding civil
offence” have the same meanings as in the Counter-Terrorism Act 2008
(see section 95 of that Act).

(4G)For the purposes of subsection (4F)(c), an offence was determined to
have a terrorist connection if it was—

(a)35determined to have a terrorist connection under—

(i)section 69 of the Sentencing Code (including as applied
by section 238(6) of the Armed Forces Act 2006),

(ii)section 30 of the Counter-Terrorism Act 2008 (in the case
of an offender sentenced in England and Wales before
40the Sentencing Code applied, or an offender sentenced
in Northern Ireland but now capable of posing a risk in
an area in England and Wales), or

(iii)section 32 of that Act (in the case of a person sentenced
for a service offence before the Sentencing Code
45applied), or

(b)proved to have been aggravated by reason of having a terrorist
connection under section 31 of the Counter-Terrorism Act 2008
(in the case of an offender sentenced in Scotland but now
capable of posing a risk in an area in England and Wales).”

Chapter 5 Football banning orders

188 Football banning orders: relevant offences

(1)The Football Spectators Act 1989 is amended as follows.

(2)5Schedule 1 (football banning orders: relevant offences) is amended in
accordance with subsections (3) to (7).

(3)In paragraph 1(c) (certain offences under the Public Order Act 1986 committed
at premises)—

(a)after “any offence under section” insert “4,”, and

(b)10before “harassment” insert “fear or provocation of violence, or”.

(4)In paragraph 1(k) (certain offences under the Public Order Act 1986 committed
on a journey to or from a football match)—

(a)after “any offence under section” insert “4,”, and

(b)before “harassment” insert “fear or provocation of violence, or”.

(5)15In paragraph 1(q) (certain offences under the Public Order Act 1986 which the
court declares to be related to a football match)—

(a)after “any offence under section” insert “4,”,

(b)before “harassment” insert “fear or provocation of violence, or”, and

(c)omit “or any provision of Part 3 or 3A of that Act (hatred by reference
20to race etc)”.

(6)In paragraph 1, after paragraph (u) insert—

“(v)any offence under any provision of Part 3 or 3A of the Public
Order Act 1986 (hatred by reference to race etc)—

(i)which does not fall within paragraph (c) or (k), and

(ii)25as respects which the court makes a declaration that
the offence related to a football match, to a football
organisation or to a person whom the accused knew
or believed to have a prescribed connection with a
football organisation,

(w)30any offence under section 31 of the Crime and Disorder Act
1998 (racially or religiously aggravated public order offences)
as respects which the court makes a declaration that the
offence related to a football match, to a football organisation
or to a person whom the accused knew or believed to have a
35prescribed connection with a football organisation,

(x)any offence under section 1 of the Malicious
Communications Act 1988 (offence of sending letter,
electronic communication or article with intent to cause
distress or anxiety)—

(i)40which does not fall within paragraph (d), (e), (m), (n),
(r) or (s),

(ii)as respects which the court has stated that the offence
is aggravated by hostility of any of the types
mentioned in section 66(1) of the Sentencing Code
45(racial hostility etc), and