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| | Clause 2, page 3, line 32, leave out paragraph (b). |
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| | Clause 2, page 4, line 1, leave out paragraphs (a) to (c). |
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| | Clause 2, page 4, line 2, after ‘charged’, insert ‘or’. |
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| | Clause 2, page 4, line 5, leave out paragraph (c). |
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| | Clause 2, page 4, line 11, leave out from beginning to end of line 25 and insert— |
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| | | ‘(a) | that the publication, so far as it contained matter by reference to which it |
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| | | was a terrorist publication within the meaning of subsection 2 (1) (apart |
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| | | from the possibility of his having been given and failed to comply with a |
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| | | notice under subsection 3 (3) below) neither expressed his own view nor |
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| | | (b) | that the conduct in relation to that publication was not intended by him to |
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| | | constitute a direct or indirect encouragement or other inducement to the |
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| | | commission, preparation or instigation of acts of terrorism or to provide |
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| | | or make available assistance to any person in the commission or |
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| | | preparation of acts of terrorism.
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| | | In any case in which defence above is raised by a defendant, it shall be |
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| | | for the prosecution to disprove it to the criminal standard of proof.’. |
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| | Clause 2, page 4, line 13, leave out paragraphs (b) to (d). |
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| | Clause 3, page 5, line 8, leave out paragraph (a) and insert— |
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| | | ‘(a) | a Crown Court Judge (or in Scotland a Judge in the High Court of |
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| | | Justiciary) has granted an order under subsection (3)’. |
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| | Clause 3, page 5, line 9, leave out ‘2’ and insert ‘3’. |
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| | Clause 3, page 5, line 14, leave out ‘constable giving’ and insert ‘judge granting’. |
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| | Clause 3, page 6, line 12, leave out subsection (8). |
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| | Clause 3, page 6, line 19, at end add— |
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| | | ‘(9) | A judge granting an order under this section must be satisfied that there are |
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| | | reasonable grounds for believing that the statement encourages terrorism.’. |
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| | Clause 23, page 21, line 27, leave out subsection (2). |
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| | Clause 23, page 22, line 3, after ‘to’, insert ‘a’. |
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| | Clause 23, page 22, line 7, leave out ‘special’ and insert ‘any’. |
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| | Clause 23, page 22, line 10, at end insert ‘In sub-paragraph (4) of paragraph 29, at |
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| | the beginning insert “subject to sub-paragraph (3AB) of paragraph 36.”.’. |
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| | Clause 23, page 22, line 10, at end insert— |
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| | | ‘(4A) | In subparagraphs (1) and (5) of paragraph 36 (period for which warrants may be |
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| | | extended) for the words “judicial authority” substitute “High Court Judge.”.’. |
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| | Clause 23, page 22, line 19, leave out ‘three months’ and insert ‘28 days’. |
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| | Clause 23, page 22, line 19, leave out ‘three months’ and insert ‘fourteen days’. |
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| | Clause 23, page 22, line 28, leave out ‘judicial authority’ and insert ‘High Court |
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| | Clause 23, page 22, line 33, leave out ‘judicial authority’ and insert ‘High Court |
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| | Clause 23, page 22, line 33, leave out ‘special’ and insert ‘any’. |
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| | Clause 23, page 22, line 36, at end insert— |
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| | | ‘(3AB) | where the new specified period will end more than 14 days after the relevant time |
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| | | (a) | judicial authority means— |
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| | | (i) | in England and Wales, a judge of the High Court |
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| | | (ii) | in Scotland, a judge of the Court of Session |
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| | | (iii) | in Northern Ireland, a judge of the High Court of Northern |
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| | | (b) | the specified period may only be extended— |
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| | | (i) | pending the result of an examination or analysis which is to be or |
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| | | is being carried out with a view to obtaining relevant evidence |
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| | | (ii) | for the purpose of decryption of electronic data with a view to |
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| | | obtaining relevant evidence |
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| | | (iii) | for the purpose of obtaining relevant evidence from outside the |
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| | | United Kingdom or from records within the United Kingdom |
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| | | which can not reasonably be obtained without such an extension |
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| | | (c) | the specified period may only be extended if the judicial authority is |
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| | | satisfied that there is no reasonable possibility of the detainee being |
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| | | charged immediately with another offence relating to the terrorism or a |
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| | | (d) | the judicial authority must approve the nature of any further questioning |
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| | | of the detainee during the new specified period.’. |
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| | Clause 23, page 22, line 45, after ‘authority’, insert ‘or High Court Judge’. |
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| | Clause 23, page 23, line 6, at end insert— |
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| | | ‘(6A) | In this section “judicial authority” means— |
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| | | (a) | in England and Wales, a judge of the High Court; and |
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| | | (b) | in Scotland, a judge of the Court of Session.’. |
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| | Clause 23, page 23, line 11, at end insert— |
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| | | ‘(7A) | This section shall not apply in a case in which the judicial authority considering |
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| | | the case has not considered representations made by either the person detained or |
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| | | a representative of the person detained.’. |
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| | Clause 23, page 23, line 11, at end add— |
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| | | ‘(8) | The judicial authority for the extension of any period of detention under Schedule |
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| | | 8 to the Terrorism Act 2000 shall be a senior circuit judge. |
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| | | (9) | An appeal shall lie from any decision of the judicial authority to a judge of the |
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| | Page 21, line 24, leave out Clause 23. |
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| | | Clause, as amended, Agreed to. |
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| | Clause 24, page 23, line 19, at end insert— |
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| | | ‘(1A) | In Schedule 8 to the Terrorism Act 2000, in paragraph 23(1) (grounds on which |
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| | | a review officer may authorise continued detention), at end of paragraph (a) add |
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| | | “but after the expiry of a period of fourteen days detention no further detention |
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| | | shall be authorised solely to obtain evidence by questioning.”.’. |
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| | Clause 24, page 23, line 28, at end insert ‘but after the expiry of a period of |
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| | fourteen days detention, no further detention shall be authorised solely to obtain evidence |
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| | Clause 24, page 23, line 40, at end add— |
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| | | ‘(6) | The Secretary of State shall, prior to the coming into force of sections 23 and 24, |
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| | | carry out a review of Code C of the Police and Criminal Evidence Act and |
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| | | produce a separate code to cover all detention under the Terrorism Act 2000 |
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| | | lasting for longer than seven days. |
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| | | (7) | Such code shall include provision to allow for the questioning of a terrorist |
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| | | suspect after charge, subject to leave being obtained from the judicial authority, |
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| | | and any such questioning shall be treated for all evidential purposes as if it had |
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| | | taken place prior to charge.’. |
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| | Page 23, line 12, leave out Clause 24. |
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