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'(10) An appeal under this section shall be made—
(a) in England and Wales or in Northern Ireland to the Court of Appeal, or
(b) in Scotland to the Inner House of the Court of Session.'.
Amendment No. 45, in clause 8, page 10, line 1, leave out 'Secretary of State' and insert 'court of first instance'.
Amendment No. 46, in clause 8, page 10, line 5, leave out
'by the Secretary of State'
'of the court of first instance'.
Amendment No. 47, in clause 8, page 10, line 8, leave out 'Secretary of State' and insert 'court of first instance'.
Amendment No. 48, in clause 8, page 10, line 13, leave out 'Secretary of State's decision' and insert
'decision of the court of first instance'.
Amendment No. 49, in clause 8, page 10, line 16, leave out 'Secretary of State' and insert 'court of first instance'.
Amendment No. 51, in clause 9, page 10, line 19, leave out subsection (1).
Amendment No. 53, in clause 9, page 11, line 1, after 'the', insert
'court on the application of the'.
Amendment No. 87, in clause 9, page 11, line 1, leave out 'Secretary of State' and insert 'court'.
Amendment No. 203, in clause 9, page 11, line 4, leave out paragraphs (b) and (c).
Amendment No. 230, in clause 11, page 12, line 41, leave out
'his exercise of the control order powers'
'the use of control orders'.
Amendment No. 89, in clause 11, page 13, line 13, leave out
'make, renew, modify and revoke'
'make application to the court for the making, renewing, modification and revoking of'.
Amendment No. 216, in clause 12, page 13, leave out lines 37 to 46.
Amendment No. 90, in clause 12, page 14, line 37, leave out subsection (3).
New clause 1—Special court in respect of control orders—
'(1) There shall be a special court ("the court") to be known as the Court of Terrorism Control.
(2) The Court shall consist of six members who shall be judges of the High Court of England and Wales or of the Court of Session or of the High Court of Northern Ireland and of whom three members shall constitute a quorum for the purpose of hearing an application.
(3) The court shall have power to make its own rules and to determine its own procedure.
(4) The functions of the court shall be to make control orders pursuant to section 1 of this Act.'.
28 Feb 2005 : Column 671
New clause 3—Power of court to make determination—
'The powers of the court in making the determinations under sections 1 and 2 are confined to—
(a) power to grant the application;
(b) power to refuse the application;
(c) power to refuse to make one or more obligations set out in the application.'.
New clause 6—Power to make control orders—
'(1) An application for an order under this section may be made by the Secretary of State if he is satisfied that the following conditions are fulfilled with respect to any person, namely:
(a) that the person is or has been involved in terrorism-related activity;
(b) that, having regard to all the evidence that would be admissible in criminal proceedings, there is no realistic prospect for conviction of that person for any criminal offence relating to their involvement in such activity; and
(c) that such an order is necessary, for the purposes connected with protecting members of the public from the risk of terrorism, to make an order imposing obligations on the individual.
(2) The Secretary of State shall not make such an application without consulting the Director of Public Prosecutions.
(3) Such an application shall be made to:
(a) the High Court in England and Wales in respect of persons resident in England or Wales,
(b) the Outer House of the Court of Session in respect of persons resident in Scotland; and
(c) the High Court in Northern Ireland in respect of persons resident in Northern Ireland.
(4) If, on such an application, it is proved that the conditions set out in subsection 1(1) are fulfilled, the court may make an order under this section (a "control order") imposing any of the obligations set out in subsection 1(8).
(5) For the purpose of determining whether the condition mentioned in subsection 1(a) above is fulfilled, the court shall disregard any act of the defendant which he shows was reasonable in the circumstances.
(6) In determining whether the condition mentioned in subsection (1)(a) is fulfilled, the court must apply the criminal standard of proof.
(7) The obligations that may be imposed on a defendant under this section are limited to the following:
(a) a prohibition or restriction on his possession or use of specified articles or substances;
(b) a restriction on his use of specified services or specified facilities, or on his carrying on specified activities;
(c) a restriction on his association or communications with specified persons or with other persons generally;
(d) a prohibition on his being at specified places or within a specified area at specified times or on specified days; and
(e) a requirement on him to report to a specified person at specified times and places.
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