|
| |
|
(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 |
| |
(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” |
| |
| 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 |
| |
| 35 |
(d) | in any part of the United Kingdom, a police officer of at least |
| |
the rank of superintendent, |
| |
| |
(3) | In sub-paragraph (3) of paragraph 29 (period of extension to end no later than |
| |
| 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”. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(ii) | the end of the period of three months beginning with |
| |
| 20 |
(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 |
| 25 |
specified in the warrant was last extended under this |
| |
| |
(3AA) | A judicial authority may extend or further extend the period |
| |
specified in a warrant by a shorter period than is required by sub- |
| |
| 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 |
| 35 |
| |
(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 |
| 40 |
(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 |
| 45 |
authorised his further detention no longer apply, he must— |
| |
(a) | if he has custody of the detained person, release him |
| |
| |
|
| |
|
| |
|
(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) |
| |
| 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- |
| |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
| |
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(a) | in respect of premises which are not residential premises, and |
| |
(b) | within the period of 24 hours beginning with the time when |
| |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(a) | that an order made under paragraph 5 has not been complied |
| 25 |
| |
(b) | that the person specified in the application is also specified in |
| |
| |
(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 |
| |
| 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 |
| |
| |
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 |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(5) | In sub-paragraph (5) of that paragraph, for “a warrant” substitute “a specific |
| 20 |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
| |
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— |
| |
|
| |
|
| |
|
(a) | to enter and search the premises; and |
| |
(b) | to seize anything found there which the constable has reason to believe |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(b) | in Part 3, at the end insert— |
| |
“113 | The power of seizure conferred by section 27 of the Terrorism |
| |
| 30 |
| |
(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. |
| |
| |
“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— |
| 45 |
|
| |
|