05080.1-7

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

LORDS amendments to the
Prevention of Terrorism Bill
[The page and line references are to HL Bill 34, the bill as first printed for the Lords.]
Clause 1
1
Page 1, line 3, leave out from beginning to end of line 16 and insert—

“(1A)
In this Act “control order” means an order against an individual that

imposes obligations on him for purposes connected with protecting

members of the public from a risk of terrorism.

(1B)
The power to make a control order against an individual shall be

exercisable by the court on an application by the Secretary of State.

(1C)
The obligations that may be imposed by a control order made against an

individual are any obligations that the court considers necessary for

purposes connected with preventing or restricting involvement by that

individual in terrorism-related activity.

(1D)
Those obligations are—”
2
Page 2, line 31, at end insert—

“( )
a requirement on him to allow himself to be photographed;”
3
Page 2, line 40, leave out “Every”
4
Page 2, line 44, leave out from “generally)” to end of line 45
5
Page 3, line 21, at end insert—

“(9)
In this Act—

“derogating obligation” means an obligation on an individual

which—

(a)
is incompatible with his right to liberty under Article 5 of

the Human Rights Convention; but

(b)
is of a description of obligations which, for the purposes of

the designation of a designated derogation, is set out in the

designation order;

“designated derogation” has the same meaning as in the Human

Rights Act 1998 (c. 42) (see section 14(1) of that Act);

Bill 80 53/4

(  2  )

“designation order”, in relation to a designated derogation, means the

order under section 14(1) of the Human Rights Act 1998 by which

the derogation is designated.”
After Clause 1
6
Insert the following new Clause—

“Control orders: supplementary

(1)
If, as a consequence of the obligations imposed by a control order, a person

becomes unemployed, arrangements shall be made for that person to

receive any social security benefits or unemployment benefits to which he

may be entitled.

(2)
If a control order is made in respect of a person already in receipt of social

security benefits or unemployment benefits, arrangements shall be made to

ensure that the person shall continue to receive those benefits.

(3)
In any case where a control order is made, appropriate arrangements shall

be made to ensure that the person in respect of whom the order is made,

and his household, shall have access to, or shall continue to have access to,

supplies of food, household and personal necessities.

(4)
In any case where a control order is made, appropriate arrangements shall

be made to ensure that the person in respect of whom the order is made

shall have access to such health care as may be necessary.”
Clause 2
7
Leave out Clause 2
Clause 3
8
Leave out Clause 3 and insert the following new Clause—


“Making of control orders

(1)
The court may make a control order against an individual if it—

(a)
is satisfied on the balance of probabilities that the individual is or

has been involved in terrorism-related activity;

(b)
considers that it is necessary, for purposes connected with

protecting members of the public from a risk of terrorism, to make

a control order imposing obligations on that individual; and

(c)
has been informed by the Director of Public Prosecutions that there

is no reasonable prospect of a successful prosecution of the

individual for the terrorism-related activity.

(2)
On an application to the court by the Secretary of State for the making of a

control order against an individual, it shall be the duty of the court—

(a)
to hold an immediate preliminary hearing to determine whether to

make a control order against that individual; and

(b)
if it does make such an order against that individual, to give

directions for the holding of a full hearing to determine whether to

confirm the order (with or without modifications).

(  3  )

(3)
The preliminary hearing under subsection (1)(a) may be held—

(a)
in the absence of the individual in question;

(b)
without his having had notice of the application for the order; and

(c)
without his having been given an opportunity (if he was aware of

the application) of making any representations to the court;


but this subsection is not to be construed as limiting the matters about

which rules of court may be made in relation to that hearing.

(4)
At the preliminary hearing, the court may make a control order against the

individual in question if it appears to the court—

(a)
that there is material which (if not disproved) is capable of being

relied on by the court as establishing that the individual is or has

been involved in terrorism-related activity;

(b)
that there are reasonable grounds for believing that the imposition

of obligations on that individual is necessary for purposes

connected with protecting members of the public from a risk of

terrorism; and

(c)
that if the obligations that there are reasonable grounds for

believing should be imposed on the individual are or include

derogating obligations of a description set out for the purposes of

the designated derogation in the designation order, the risk arises

out of, or is associated with, a public emergency in respect of which

there is a designated derogation from the whole or a part of Article

5 of the Human Rights Convention.

(5)
The obligations that may be imposed by a control order in the period

between—

(a)
the time when the order is made, and

(b)
the time when a final determination is made by the court whether

to confirm it,


include any obligations which the court has reasonable grounds for

considering are necessary as mentioned in section 1(3).

(6)
At the full hearing under subsection (1)(b), the court may—

(a)
confirm the control order made by the court; or

(b)
revoke the order;


and where the court revokes the order, it may (if it thinks fit) direct that this

Act is to have effect as if the order had been quashed.

(7)
In confirming a control order, the court—

(a)
may modify the obligations imposed by the order; and

(b)
where a modification made by the court removes an obligation,

may (if it thinks fit) direct that this Act is to have effect as if the

removed obligation had been quashed.

(8)
At the full hearing, the court may confirm the control order (with or

without modifications) only if—

(a)
it is satisfied, on the balance of probabilities, that the controlled

person is an individual who is or has been involved in terrorism-

related activity;

(b)
it considers that the imposition of obligations on the controlled

person is necessary for purposes connected with protecting

members of the public from a risk of terrorism; and

(c)
if the obligations to be imposed by the order or (as the case may be)

by the order as modified are or include derogating obligations of a

(  4  )

description set out for the purposes of the designated derogation in

the designation order, it appears to the court that the risk is one

arising out of, or is associated with, a public emergency in respect

of which there is a designated derogation from the whole or a part

of Article 5 of the Human Rights Convention.

(9)
It shall be immaterial, for the purposes of determining what obligations

may be imposed by a control order made by the court, whether the

involvement in terrorism-related activity to be prevented or restricted by

the obligations is connected with matters in relation to which the

requirements of subsection (4)(a) or (8)(a) were satisfied.”
After Clause 3
9
Insert the following new Clause—

“Duration and renewal of control orders

(1)
A non-derogating control order—

(a)
has effect for a period of 12 months beginning with the day on

which it is made; but

(b)
may be renewed on one or more occasions in accordance with this

section.

(2)
A non-derogating control order must specify when the period for which it

is to have effect will end.

(3)
The court may renew a non-derogating control order (with or without

modifications) for a period of 12 months if it—

(a)
considers that it is necessary, for purposes connected with

protecting members of the public from a risk of terrorism, for an

order imposing obligations on the controlled person to continue in

force; and

(b)
considers that the obligations to be imposed by the renewed order

are necessary for purposes connected with preventing or restricting

involvement by that person in terrorism-related activity.

(4)
Where the court renews a non-derogating control order, the 12 month

period of the renewal begins to run from whichever is the earlier of—

(a)
the time when the order would otherwise have ceased to have

effect; or

(b)
the beginning of the seventh day after the date of renewal.

(5)
The instrument renewing a non-derogating control order must specify

when the period for which it is renewed will end.

(6)
A derogating control order ceases to have effect at the end of the period of

6 months beginning with the day on which it is made unless—

(a)
it is previously revoked (whether at the hearing under subsection

(1)(b) or otherwise under this Act);

(b)
it ceases to have effect under section 5; or

(c)
it is renewed.

(7)
The court, on an application by the Secretary of State, may renew a

derogating control order (with or without modifications) for a period of 6

months from whichever is the earlier of—

(  5  )

(a)
the time when the order would otherwise have ceased to have

effect; and

(b)
the beginning of the seventh day after the date of renewal.

(8)
The power of the court to renew a derogating control order is exercisable

on as many occasions as the court thinks fit; but, on each occasion, it is

exercisable only if—

(a)
the court considers that it is necessary, for purposes connected with

protecting members of the public from a risk of terrorism, for a

derogating control order to continue in force against the controlled

person;

(b)
it appears to the court that the risk is one arising out of, or is

associated with, a public emergency in respect of which there is a

designated derogation from the whole or a part of Article 5 of the

Human Rights Convention;

(c)
the derogating obligations that the court considers should continue

in force are of a description that continues to be set out for the

purposes of the designated derogation in the designation order;

and

(d)
the court considers that the obligations to be imposed by the

renewed order are necessary for purposes connected with

preventing or restricting involvement by that person in terrorism-

related activity.”
10
Insert the following new Clause—

“Arrest and detention pending derogating control order

(1)
A constable may arrest and detain an individual if—

(a)
the Secretary of State has made an application to the court for a

derogating control order to be made against that individual; and

(b)
the constable considers that the individual’s arrest and detention is

necessary to ensure that he is available to be given notice of the

order if it is made.

(2)
A constable who has arrested an individual under this section must take

him to the designated place that the constable considers most appropriate

as soon as practicable after the arrest.

(3)
An individual taken to a designated place under this section may be

detained there until the end of 48 hours from the time of his arrest.

(4)
If the court considers that it is necessary to do so to ensure that the

individual in question is available to be given notice of any derogating

control order that is made against him, it may, during the 48 hours

following his arrest, extend the period for which the individual may be

detained under this section by a period of no more than 48 hours.

(5)
An individual may not be detained under this section at any time after—

(a)
he has become bound by a derogating control order made against

him on the Secretary of State’s application; or

(b)
the court has dismissed the application.

(6)
A person who has the powers of a constable in one part of the United

Kingdom may exercise the power of arrest under this section in that part of

the United Kingdom or in any other part of the United Kingdom.

(  6  )

(7)
An individual detained under this section—

(a)
shall be deemed to be in legal custody throughout the period of his

detention; and

(b)
after having been taken to a designated place shall be deemed—

(i)
in England and Wales, to be in police detention for the

purposes of the Police and Criminal Evidence Act 1984

(c. 60); and

(ii)
in Northern Ireland, to be in police detention for the

purposes of the Police and Criminal Evidence (Northern

Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));


but paragraph (b) has effect subject to subsection (8).

(8)
Paragraphs 1(6), 2, 6 to 9 and 16 to 19 of Schedule 8 to the Terrorism Act

2000 (c. 11) (powers and safeguards in the case of persons detained under

section 41 of that Act) apply to an individual detained under this section as

they apply to a person detained under section 41 of that Act, but with the

following modifications—

(a)
the omission of paragraph 2(2)(b) to (d) (which confers powers on

persons specified by the Secretary of State, prison officers and

examining officers);

(b)
the omission of paragraph 8(2), (5) and (5A) (which relates to the

postponement of a person’s rights in England and Wales or

Northern Ireland); and

(c)
the omission of paragraphs 16(9) and 17(4) and (4A) (which make

similar provision for Scotland).

(9)
The power to detain an individual under this section includes power to

detain him in a manner that is incompatible with his right to liberty under

Article 5 of the Human Rights Convention if, and only if—

(a)
there is a designated derogation in respect of the detention of

individuals under this section in connection with the making of

applications for derogating control orders; and

(b)
that derogation and the designated derogation relating to the

power to make the orders applied for are designated in respect of

the same public emergency.

(10)
In this section “designated place” means any place which the Secretary of

State has designated under paragraph 1(1) of Schedule 8 to the Terrorism

Act 2000 (c. 11) as a place at which persons may be detained under section

41 of that Act.”
Clause 4
11
Page 5, line 14, leave out subsections (1) and (2)
Clause 5
12
Page 6, line 14, leave out subsections (1) to (3)
13
Page 7, line 7, leave out “Secretary of State” and insert “court”
14
Page 7, line 9, at end insert “and

(b)
the notice must set out the time from which the revocation or

modification takes effect.”
15
Page 7, line 12, leave out “Secretary of State” and insert “court”

(  7  )

After Clause 5
16
Insert the following new Clause—

“Criminal investigations after making of control order

(1)
This section applies where a control order has been made against an

individual if it appears to the Secretary of State—

(a)
that the involvement in terrorism-related activity of which that

individual is suspected may have involved the commission of an

offence relating to terrorism; and

(b)
that the commission of that offence would fall to be investigated by

a police force.

(2)
The Secretary of State must inform the chief officer of the police force that

the control order has been made and that this section applies.

(3)
It shall then be the duty of the chief officer to secure that the investigation

of the individual’s conduct with a view to his prosecution for an offence

relating to terrorism is kept under review throughout the period during

which the control order has effect.

(4)
Where he considers it appropriate to do so in performing his duty under

subsection (3), the chief officer must consult the relevant prosecuting

authority.

(5)
In this section—

“chief officer”—

(a)
in relation to a police force maintained for a police area in

England and Wales, means the chief officer of police of that

force;

(b)
in relation to a police force maintained under the Police

(Scotland) Act 1967 (c. 77), means the chief constable of that

force;

(c)
in relation to the Police Service of Northern Ireland, means

the Chief Constable of that Service;

(d)
in relation to the Serious Organised Crime Agency, means

the Director General of that Agency; and

(e)
in relation to the Scottish Drug Enforcement Agency, means

the Director of that Agency;

“police force” means—

(a)
a police force maintained for a police area in England and

Wales;

(b)
a police force maintained under the Police (Scotland) Act

1967 (c. 77);

(c)
the Police Service of Northern Ireland;

(d)
the Serious Organised Crime Agency; or

(e)
the Scottish Drug Enforcement Agency;

“relevant prosecuting authority”—

(a)
in relation to offences that would be likely to be prosecuted

in England and Wales, means the Director of Public

Prosecutions;

(b)
in relation to offences that would be likely to be prosecuted

in Scotland, means the appropriate procurator fiscal;