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House of Commons
Session 2005 - 06
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Terrorism Bill


Terrorism Bill
Part 2 — Miscellaneous provisions

21

 

(a)   

in subsection (2), after “(1)(c)” insert “or (1A)(c);”

(b)   

in subsection (4)(a), after “(1)(b)” insert “or (1A)(b)”;

(c)   

in subsection (5), after “(1)(c)” insert “or (1A)(c);”

(d)   

in subsection (7)(a), after “(1)(b)” insert “or (1A)(b)”.

(9)   

In section 9 (proceedings under the Human Rights Act 1998)—

5

(a)   

in subsection (2)(a), for “and (5)” substitute “, (5) and (5A)”;

(b)   

in subsection (4), at the end insert “, and

(c)   

a reference to a refusal to provide for a name to cease to

be treated as a name for an organisation shall be taken as

a reference to the action of the Secretary of State which

10

is found to be incompatible with a Convention right”.

(10)   

In section 123(2) (orders and regulations subject to negative resolution

procedure), before paragraph (a) insert—

“(za)   

section 3(6) or (8);”.

(11)   

In paragraph 5(4) of Schedule 3 (the Proscribed Organisations Appeal

15

Commission), after subparagraph (a) insert—

“(aa)   

provide for full particulars of the reasons for—

(i)   

the making of an order under section 3(6), or

(ii)   

a refusal to provide for a name to cease to be treated

as a name for an organisation,

20

   

to be withheld from the organisation or applicant concerned

and from any person representing it or him;”.

Detention of terrorist suspects

23      

Extension of period of detention by judicial authority

(1)   

Schedule 8 to the Terrorism Act 2000 (c. 11) (detention of terrorist suspects) is

25

amended as follows.

(2)   

In sub-paragraph (1) of each of paragraphs 29 and 36 (applications by a

superintendent or above for a warrant extending detention or for the extension

of the period of such a warrant), for the words from the beginning to “may”

substitute—

30

    “(1)  

Each of the following—

(a)   

in England and Wales, a Crown Prosecutor,

(b)   

in Scotland, a procurator fiscal,

(c)   

in Northern Ireland, the Director of Public Prosecutions for

Northern Ireland,

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(d)   

in any part of the United Kingdom, a police officer of at least

the rank of superintendent,

           

may”.

(3)   

In sub-paragraph (3) of paragraph 29 (period of extension to end no later than

7 days after arrest)—

40

(a)   

for “Subject to paragraph 36(3A)” substitute “Subject to sub-paragraph

(3A) and paragraph 36”; and

(b)   

for “end not later than the end of” substitute “be”.

 
 

Terrorism Bill
Part 2 — Miscellaneous provisions

22

 

(4)   

After that sub-paragraph insert—

   “(3A)  

A judicial authority may issue a warrant of further detention in

relation to person which specifies a shorter period as the period for

which that person’s further detention is authorised if—

(a)   

the application for the warrant is an application for a warrant

5

specifying a shorter period; or

(b)   

the judicial authority is satisfied that there are special

circumstances that would make it inappropriate for the

specified period to be as long as the period of seven days

mentioned in sub-paragraph (3).”

10

(5)   

For sub-paragraphs (3) and (3A) of paragraph 36 (period for which warrants

may be extended) substitute—

    “(3)  

Subject to sub-paragraph (3AA), the new specified period shall be

the period which—

(a)   

begins with the time specified in sub-paragraph (3A); and

15

(b)   

ends with whichever is the earlier of—

(i)   

the end of the period of seven days beginning with

that time; and

(ii)   

the end of the period of three months beginning with

the relevant time.

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     (3A)  

The time referred to in sub-paragraph (3)(a) is—

(a)   

in the case of a warrant specifying a period which has not

previously been extended under this paragraph, the end of

the period specified in the warrant, and

(b)   

in any other case, the end of the period for which the period

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specified in the warrant was last extended under this

paragraph.

    (3AA)  

A judicial authority may extend or further extend the period

specified in a warrant by a shorter period than is required by sub-

paragraph (3) if—

30

(a)   

the application for the extension is an application for an

extension by a period that is shorter than is so required; or

(b)   

the judicial authority is satisfied that there are special

circumstances that would make it inappropriate for the

period of the extension to be as long as the period so

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required.”

(6)   

For paragraph 37 (release of detained person) substitute—

“37   (1)  

This paragraph applies where—

(a)   

a person (‘the detained person’) is detained by virtue of a

warrant issued under this Part of this Schedule; and

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(b)   

his detention is not authorised by virtue of section 41(5) or (6)

or otherwise apart from the warrant.

      (2)  

If it at any time appears to the police officer or other person in charge

of the detained person’s case that any of the matters mentioned in

paragraph 32(1)(a) and (b) on which the judicial authority last

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authorised his further detention no longer apply, he must—

(a)   

if he has custody of the detained person, release him

immediately; and

 
 

Terrorism Bill
Part 2 — Miscellaneous provisions

23

 

(b)   

if he does not, immediately inform the person who does have

custody of the detained person that those matters no longer

apply in the detained person’s case.

      (3)  

A person with custody of the detained person who is informed in

accordance with this paragraph that those matters no longer apply in

5

his case must release that person immediately.”

(7)   

This section does not apply in a case in which—

(a)   

the arrest of the person detained under section 41 of the Terrorism Act

2000 (c. 11) took place before the commencement of this section; or

(b)   

his examination under Schedule 7 to that Act began before the

10

commencement of this section.

24      

Grounds for extending detention

(1)   

In Schedule 8 to the Terrorism Act 2000, in paragraph 23(1) (grounds on which

a review officer may authorise continued detention), after paragraph (b)

insert—

15

“(ba)   

pending the result of an examination or analysis of any

relevant evidence or of anything the examination or analysis

of which is to be or is being carried out with a view to

obtaining relevant evidence;”.

(2)   

In sub-paragraph (1) of paragraph 32 of that Schedule (grounds on which a

20

judicial authority may authorise further detention), for the words from “to

obtain” to “preserve relevant evidence” substitute “as mentioned in sub-

paragraph (1A)”.

(3)   

After that sub-paragraph insert—

   “(1A)  

The further detention of a person is necessary as mentioned in this

25

sub-paragraph if it is necessary—

(a)   

to obtain relevant evidence whether by questioning him or

otherwise;

(b)   

to preserve relevant evidence; or

(c)   

pending the result of an examination or analysis of any

30

relevant evidence or of anything the examination or analysis

of which is to be or is being carried out with a view to

obtaining relevant evidence.”

(4)   

In paragraph 23(4) (meaning of “relevant evidence”), for “sub-paragraph (1)(a)

and (b)” substitute “this paragraph”.

35

(5)   

This section does not apply in a case in which—

(a)   

the arrest of the person detained under section 41 of the Terrorism Act

2000 took place before the commencement of this section; or

(b)   

his examination under Schedule 7 to that Act began before the

commencement of this section.

40

 
 

Terrorism Bill
Part 2 — Miscellaneous provisions

24

 

Searches etc.

25      

All premises warrants: England and Wales and Northern Ireland

(1)   

Part 1 of Schedule 5 to the Terrorism Act 2000 (c. 11) (searches etc. for the

purposes of terrorist investigations in England and Wales and Northern

Ireland) is amended as follows.

5

(2)   

In paragraph 1 (search warrants authorising entry to specified premises), in

sub-paragraph (2)(a), for “the premises specified in the warrant” substitute

“premises mentioned in sub-paragraph (2A)”.

(3)   

After sub-paragraph (2) of that paragraph insert—

   “(2A)  

The premises referred to in sub-paragraph (2)(a) are—

10

(a)   

one or more sets of premises specified in the application (in

which case the application is for a ‘specific premises

warrant’); or

(b)   

any premises occupied or controlled by a person specified in

the application, including such sets of premises as are so

15

specified (in which case the application is for an ‘all premises

warrant’).”

(4)   

In sub-paragraph (5) of that paragraph—

(a)   

in paragraph (b), for “premises specified in the application” substitute

“premises to which the application relates”;

20

(b)   

in paragraph (c), at the end insert “, and”; and

(c)   

after that paragraph insert—

“(d)   

in the case of an application for an all premises

warrant, that it is not reasonably practicable to specify

in the application all the premises which the person so

25

specified occupies or controls and which might need

to be searched.”

(5)   

In paragraph 2 (warrants as to which special conditions are satisfied), in sub-

paragraph (1), after “an application” insert “for a specific premises warrant”.

(6)   

After that paragraph insert—

30

“2A   (1)  

This paragraph applies where an application for an all premises

warrant is made under paragraph 1 and—

(a)   

the application is made by a police officer of at least the rank

of superintendent, and

(b)   

the justice to whom the application is made is not satisfied of

35

the matter referred to in paragraph 1(5)(c).

      (2)  

The justice may grant the application if satisfied of the matters

referred to in paragraph 1(5)(a), (b) and (d).

      (3)  

Where a warrant under paragraph 1 is issued by virtue of this

paragraph, the powers under paragraph 1(2)(a) and (b) are

40

exercisable only—

(a)   

in respect of premises which are not residential premises, and

(b)   

within the period of 24 hours beginning with the time when

the warrant is issued.

 
 

Terrorism Bill
Part 2 — Miscellaneous provisions

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      (4)  

For the purpose of sub-paragraph (3) ‘residential premises’, in

relation to a power under paragraph 1(2)(a) or (b), means any

premises which the constable exercising the power has reasonable

grounds for believing are used wholly or mainly as a dwelling.”

(7)   

In paragraph 11 (applications for search warrants involving excluded or

5

special procedure material), in sub-paragraph (2)(a), for “the premises

specified in the warrant” substitute “premises mentioned in sub-paragraph

(3A)”.

(8)   

After sub-paragraph (3) of that paragraph insert—

   “(3A)  

The premises referred to in sub-paragraph (2)(a) are—

10

(a)   

one or more sets of premises specified in the application (in

which case the application is for a ‘specific premises

warrant’); or

(b)   

any premises occupied or controlled by a person specified in

the application, including such sets of premises as are so

15

specified (in which case the application is for an ‘all premises

warrant’).”

(9)   

In paragraph 12 (grant of applications where excluded or special procedure

material is involved), in each of sub-paragraphs (1) and (2), after “an

application” insert “for a specific premises warrant”.

20

(10)   

After sub-paragraph (2) of that paragraph insert—

   “(2A)  

A Circuit judge or a District Judge (Magistrates’ Courts) may grant

an application for an all premises warrant under paragraph 11 if

satisfied—

(a)   

that an order made under paragraph 5 has not been complied

25

with, and

(b)   

that the person specified in the application is also specified in

the order.

     (2B)  

A Circuit judge or a District Judge (Magistrates’ Courts) may also

grant an application for an all premises warrant under paragraph 11

30

if satisfied that there are reasonable grounds for believing—

(a)   

that there is material on premises to which the application

relates which consists of or includes excluded material or

special procedure material but does not include items subject

to legal privilege, and

35

(b)   

that the conditions in sub-paragraphs (3) and (4) are met.”

(11)   

In sub-paragraph (4)(b) of that paragraph, for “the premises on which the

material is situated” substitute “premises to which the application for the

warrant relates”.

26      

All premises warrants: Scotland

40

(1)   

Part 2 of Schedule 5 to the Terrorism Act 2000 (c. 11) (searches etc. for the

purposes of terrorist investigations in Scotland) is amended as follows.

(2)   

In paragraph 28 (search warrants authorising entry to specified premises in

Scotland), in sub-paragraph (2)(a), for “the premises specified in the warrant”

substitute “premises mentioned in sub-paragraph (2A)”.

45

 
 

Terrorism Bill
Part 2 — Miscellaneous provisions

26

 

(3)   

After sub-paragraph (2) of that paragraph insert—

   “(2A)  

The premises referred to in sub-paragraph (2)(a) are—

(a)   

one or more sets of premises specified in the application (in

which case the application is for a ‘specific premises

warrant’); or

5

(b)   

any premises occupied or controlled by a person specified in

the application, including such sets of premises as are so

specified (in which case the application is for an ‘all premises

warrant’).”

(4)   

In sub-paragraph (4) of that paragraph—

10

(a)   

in paragraph (b), for “premises specified in the application” substitute

“premises to which the application relates”;

(b)   

in paragraph (c), at the end insert “, and”; and

(c)   

after that paragraph insert—

“(d)   

in the case of an application for an all premises

15

warrant, that it is not reasonably practicable to specify

in the application all the premises which the person so

specified occupies or controls and which might need

to be searched.”

(5)   

In sub-paragraph (5) of that paragraph, for “a warrant” substitute “a specific

20

premises warrant”.

(6)   

After sub-paragraph (6) of that paragraph insert—

   “(6A)  

Where an all premises warrant is granted, entry and search in

pursuance of the warrant of any premises which are non-residential

premises must be within the period of 24 hours beginning with the

25

time when the warrant is granted.

     (6B)  

For the purpose of sub-paragraph (6A) “non-residential premises”

means any premises other than those which the constable executing

the warrant has reasonable grounds for believing are used wholly or

mainly as a dwelling.”

30

(7)   

In paragraph 29 (conditions for grant of warrant under paragraph 28)—

(a)   

in sub-paragraph (1)(a), after “with” insert “and, in the case of an

application for an all premises warrant, the person specified in the

order in pursuance of paragraph 22(3) is also specified in the

application”; and

35

(b)   

in sub-paragraph (2)(b), for “on which the material is situated”

substitute “to which the application for the warrant relates”.

(8)   

In paragraph 33(2) (power to open lockfast places)—

(a)   

for “premises specified in” substitute “premises which he is entitled to

enter in pursuance of”; and

40

(b)   

for “a notice under paragraph 32” substitute “an order under paragraph

31”.

27      

Search, seizure and forfeiture of terrorist publications

(1)   

If a justice of the peace is satisfied that there are reasonable grounds for

suspecting that articles to which this section applies are likely to be found on

45

any premises, he may issue a warrant authorising a constable—

 
 

Terrorism Bill
Part 2 — Miscellaneous provisions

27

 

(a)   

to enter and search the premises; and

(b)   

to seize anything found there which the constable has reason to believe

is such an article.

(2)   

This section applies to an article if—

(a)   

it is likely to be the subject of conduct mentioned in subsection (1)(a) to

5

(e) of section 2; and

(b)   

it would fall for the purposes of that section to be treated, in the context

of the conduct to which it is likely to be subject, as a terrorist

publication.

(3)   

A person exercising a power conferred by a warrant under this section may use

10

such force as is reasonable in the circumstances for exercising that power.

(4)   

An article seized under the authority of a warrant issued under this section—

(a)   

may be removed by a constable to such place as he thinks fit; and

(b)   

must be retained there in the custody of a constable until returned or

otherwise disposed of in accordance with this Act.

15

(5)   

An article to which this section applies which is seized under the authority of

a warrant issued under this section on an information laid by or on behalf of

the Director of Public Prosecutions or the Director of Public Prosecutions for

Northern Ireland—

(a)   

shall be liable to forfeiture; and

20

(b)   

if forfeited, may be destroyed or otherwise disposed of by a constable

in whatever manner he thinks fit.

(6)   

In Schedule 1 to the Criminal Justice and Police Act 2001 (c. 16) (powers which

relate to the seizure of property in bulk)—

(a)   

in Part 1, at the end insert—

25

“73H       

The power of seizure conferred by section 27 of the Terrorism

Act 2005.”

(b)   

in Part 3, at the end insert—

“113       

The power of seizure conferred by section 27 of the Terrorism

Act 2005.”

30

(7)   

Nothing in—

(a)   

the Police (Property) Act 1897 (c. 30) (property seized in the

investigation of an offence), or

(b)   

section 31 of the Police (Northern Ireland) Act 1998 (c. 32) (which

makes similar provision in Northern Ireland),

35

   

applies to an article seized under the authority of a warrant under this section.

(8)   

Schedule 2 (which makes provision about the forfeiture of articles to which this

section applies) has effect.

(9)   

In this section—

“article” has the same meaning as in Part 1 of this Act;

40

“forfeited” means treated or condemned as forfeited under Schedule 2,

and “forfeiture” is to be construed accordingly;

“premises” has the same meaning as in the Police and Criminal Evidence

Act 1984 (c. 60) (see section 23 of that Act).

(10)   

In the application of this section to Scotland—

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