Amendments proposed to the Terrorism Bill, As Amended - continued House of Commons

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Mr Secretary Straw

59

Page     100,     line     43     [Schedule     6],     leave out 'an examining officer' and insert 'a constable for the police area in which the port is situated (or, where the port is in Northern Ireland, to a member of the Royal Ulster Constabulary).'.


   

Mr Secretary Straw

60

Page     104,     line     14     [Schedule     7],     at end insert—

    '( ) In this Schedule a reference to a police station includes a reference to any place where the Secretary of State has directed under sub-paragraph (1) that a person is to be detained under section 40.'.

   

Mr Secretary Straw

61

Page     104,     line     17     [Schedule     7],     at end insert—

      '( ) his examination under that Schedule,'.

   

Mr Secretary Straw

62

Page     104,     line     20     [Schedule     7],     at end insert—

    '( ) A constable who arrests a person under section 40 shall take him as soon as is reasonably practicable to the police station which the constable considers the most appropriate.'.

   

Mr Secretary Straw

63

Page     104,     line     21     [Schedule     7],     at end insert—

    '( ) Where a person is arrested in one Part of the United Kingdom and all or part of his detention takes place in another Part, the provisions of this Schedule which apply to detention in a particular Part of the United Kingdom apply in relation to him while he is detained in that Part.'.

   

Mr Secretary Straw

64

Page     104,     line     33     [Schedule     7],     at end insert-

'Rights: England, Wales and Northern Ireland

    2A.—(1) Subject to paragraph 2C, a person detained under Schedule 6 or section 40 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to have one named person informed as soon as is reasonably practicable that he is being detained there.

    (2) The person named must be—

      (a) a friend of the detained person,

      (b) a relative, or

      (c) a person who is known to the detained person or who is likely to take an interest in his welfare.

    (3) Where a detained person is transferred from one police station to another, he shall be entitled to exercise the right under this paragraph in respect of the police station to which he is transferred.

    2B.—(1) Subject to paragraphs 2C and 2D, a person detained under Schedule 6 or section 40 at a police station in England, Wales or Northern Ireland shall be entitled, if he so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time.

    (2) Where a request is made under sub-paragraph (1), the request and the time at which it was made shall be recorded.

    2C.—(1) Subject to sub-paragraph (2), an officer of at least the rank of superintendent may authorise a delay—

      (a) in informing the person named by a detained person under paragraph 2A;

      (b) in permitting a detained person to consult a solicitor under paragraph 2B.

    (2) But where a person is detained under section 40 he must be permitted to exercise his rights under paragraphs 2A and 2B before the end of the period mentioned in subsection (3) of that section.

    (3) An officer may give an authorisation under sub-paragraph (1) only if he has reasonable grounds for believing—

      (a) in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detained person's detention will have any of the consequences specified in sub-paragraph (4), or

      (b) in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 2B at the time when the detained person desires to exercise it will have any of the consequences specified in sub-paragraph (4).

    (4) Those consequences are—

      (a) interference with or harm to evidence of a serious arrestable offence,

      (b) interference with or physical injury to any person,

      (c) the alerting of persons who are suspected of having committed a serious arrestable offence but who have not been arrested for it,

      (d) the hindering of the recovery of property obtained as a result of a serious arrestable offence,

      (e) interference with the gathering of information about the commission, preparation or instigation of acts of terrorism,

      (f) the alerting of a person and thereby making it more difficult to prevent an act of terrorism, and

      (g) the alerting of a person and thereby making it more difficult to secure a person's apprehension, prosecution or conviction in connection with the commission, preparation or instigation of an act of terrorism.

    (5) If an authorisation under sub-paragraph (1) is given orally, the person giving it shall confirm it in writing as soon as is reasonably practicable.

    (6) Where an authorisation under sub-paragraph (1) is given—

      (a) the detained person shall be told the reason for the delay as soon as is reasonably practicable, and

      (b) the reason shall be recorded as soon as is reasonably practicable.

    (7) Where the reason for authorising delay ceases to subsist there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1).

    (8) In this paragraph "serious arrestable offence" has the meaning given by section 116 of the Police and Criminal Evidence Act 1984 (in relation to England and Wales) and by Article 87 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (in relation to Northern Ireland); but it also includes—

      (a) an offence under any of the provisions mentioned in section 39(1)(a) of this Act, and

      (b) an attempt or conspiracy to commit an offence under any of the provisions mentioned in section 39(1)(a).

    2D.—(1) A direction under this paragraph may provide that a detained person who wishes to exercise the right under paragraph 2B may consult a solicitor only in the sight and hearing of a qualified officer.

    (2) A direction under this paragraph may be given—

      (a) where the person is detained at a police station in England or Wales, by an officer of at least the rank of Commander or Assistant Chief Constable, or

      (b) where the person is detained at a police station in Northern Ireland, by an officer of at least the rank of Assistant Chief Constable.

    (3) A direction under this paragraph may be given only if the officer giving it has reasonable grounds for believing that, unless the direction is given, the exercise of the right by the detained person will have any of the consequences specified in paragraph 2C(4).

    (4) In this paragraph "a qualified officer" means a police officer who—

      (a) is of at least the rank of inspector,

      (b) is of the uniformed branch of the force of which the officer giving the direction is a member, and

      (c) in the opinion of the officer giving the direction, has no connection with the detained person's case.

    (5) A direction under this paragraph shall cease to have effect once the reason for giving it ceases to subsist.'.


   

Mr Secretary Straw

66

Page     106     [Schedule     7],     transpose paragraphs 9 and 10 to after paragraph 2.

   

Mr Secretary Straw

65

Page     106,     line     41     [Schedule     7],     leave out from 'shall' to the end of line 48 and insert '—

      (a) issue a code of practice about the audio recording of interviews to which this paragraph applies, and

      (b) make an order requiring the audio recording of interviews to which this paragraph applies in accordance with any relevant code of practice under paragraph (a).

    (1A) The Secretary of State may make an order requiring the video recording of—

      (a) interviews to which this paragraph applies;

      (b) interviews to which this paragraph applies which take place in a particular Part of the United Kingdom.

    (1B) An order under sub-paragraph (1A) shall specify whether the video recording which it requires is to be silent or with sound.

    (1C) Where an order is made under sub-paragraph (1A)—

      (a) the Secretary of State shall issue a code of practice about the video recording of interviews to which the order applies, and

      (b) the order shall require the interviews to be video recorded in accordance with any relevant code of practice under paragraph (a).

    (1D) This paragraph applies to—

      (a) any interview by a constable of a person detained under section 40, and

      (b) any interview by a constable of a person detained under Schedule 6, if the interview takes place in a police station.

    (1E) A code of practice under this paragraph—

      (a) may make provision in relation to a particular Part of the United Kingdom;

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

    9A.—(1) This paragraph applies to a code of practice under paragraph 9.

    (2) Where the Secretary of State proposes to issue a code of practice he shall—

      (a) publish a draft,

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

      (c) if he thinks it appropriate, modify the draft in the light of any representations made to him.

    (3) The Secretary of State shall lay a draft of the code before Parliament.

    (4) When the Secretary of State has laid a draft code before Parliament he may bring it into operation by order.

    (5) The Secretary of State may revise a code and issue the revised code; and sub-paragraphs (2) to (4) shall apply to a revised code as they apply to an original code.

    (6) The failure by a constable to observe a provision of a code shall not of itself make him liable to criminal or civil proceedings.

    (7) A code—

      (a) shall be admissible in evidence in criminal and civil proceedings, and

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

 
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Prepared 13 Mar 2000