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Proscription of terrorist organisations |
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21 | Grounds of proscription |
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In section 3 of the Terrorism Act 2000 (c. 11) (proscription of organisations), |
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after subsection (5) insert— |
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“(5A) | The cases in which an organisation promotes or encourages terrorism |
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for the purposes of subsection (5)(c) include any case in which activities |
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(a) | include the unlawful glorification of the commission or |
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preparation (whether in the past, in the future or generally) of |
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(b) | are carried out in a manner that ensures that the organisation is |
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associated with statements containing any such glorification. |
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(5B) | The glorification of any conduct is unlawful for the purposes of |
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subsection (5A) if there are persons who may become aware of it who |
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could reasonably be expected to infer that what is being glorified, is |
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(a) | conduct that should be emulated in existing circumstances, or |
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(b) | conduct of a description of conduct that should be so emulated. |
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‘glorification’ includes any form of praise or celebration, and |
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cognate expressions are to be construed accordingly; |
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‘statement’ includes a communication without words consisting |
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of sounds or images or both.” |
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22 | Name changes by proscribed organisations |
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(1) | The Terrorism Act 2000 is amended as follows. |
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(2) | In section 3 (proscription of organisations), at the end insert— |
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“(6) | Where the Secretary of State believes— |
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(a) | that an organisation listed in Schedule 2 is operating wholly or |
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partly under a name that is not specified in that Schedule |
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(whether as well as or instead of under the specified name), or |
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(b) | that an organisation that is operating under a name that is not |
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so specified is otherwise for all practical purposes the same as |
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an organisation so listed, |
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| he may, by order, provide that the name that is not specified in that |
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Schedule is to be treated as another name for the listed organisation. |
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(7) | Where an order under subsection (6) provides for a name to be treated |
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as another name for an organisation, this Act shall have effect in |
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relation to acts occurring while— |
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(a) | the order is in force, and |
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(b) | the organisation continues to be listed in Schedule 2, |
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| as if the organisation were listed in that Schedule under the other name, |
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as well as under the name specified in the Schedule. |
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(8) | The Secretary of State may at any time by order revoke an order under |
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subsection (6) or otherwise provide for a name specified in such an |
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order to cease to be treated as a name for a particular organisation. |
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(9) | Nothing in subsections (6) to (8) prevents any liability from being |
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established in any proceedings by proof that an organisation is the |
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same as an organisation listed in Schedule 2, even though it is or was |
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operating under a name specified neither in Schedule 2 nor in an order |
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(3) | For subsection (1) of section 4 (applications for deproscription) substitute— |
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“(1) | An application may be made to the Secretary of State for an order under |
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(a) | removing an organisation from Schedule 2, or |
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(b) | providing for a name to cease to be treated as a name for an |
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organisation listed in that Schedule.” |
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(4) | In subsection (2)(b) of that section (applications may be made by persons |
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affected by the organisation’s proscription), after “proscription” insert “or by |
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the treatment of the name as a name for the organisation.” |
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(5) | In section 5 (appeals against refusals to deproscribe)— |
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(a) | in subsection (3), after “an organisation” insert “or to provide for a |
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name to cease to be treated as a name for an organisation”; |
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(b) | in subsection (4), omit “by or in respect of an organisation”; |
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(c) | in subsection (5), after “subsection (4)” insert “in respect of an appeal |
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against a refusal to deproscribe an organisation,”. |
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(6) | After subsection (5) of that section insert— |
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“(5A) | Where an order is made under subsection (4) in respect of an appeal |
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against a refusal to provide for a name to cease to be treated as a name |
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for an organisation, the Secretary of State shall, as soon as is reasonably |
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practicable, make an order under section 3(8) providing that the name |
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in question is to cease to be so treated in relation to that organisation.” |
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(7) | In section 7 (effect on conviction etc. of successful appeal), after subsection (1) |
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“(1A) | This section also applies where— |
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(a) | an appeal under section 5 has been allowed in respect of a name |
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treated as the name for an organisation, |
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(b) | an order has been made under section 3(8) in respect of the |
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name in accordance with an order of the Commission under |
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(c) | a person has been convicted of an offence in respect of the |
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organisation under any of sections 11 to 13, 15 to 19 and 56, and |
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(d) | the activity to which the charge referred took place on or after |
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the date of the refusal, against which the appeal under section 5 |
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was brought, to provide for a name to cease to be treated as a |
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name for the organisation.” |
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(a) | in subsection (2), after “(1)(c)” insert “or (1A)(c);” |
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(b) | in subsection (4)(a), after “(1)(b)” insert “or (1A)(b)”; |
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(c) | in subsection (5), after “(1)(c)” insert “or (1A)(c);” |
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(d) | in subsection (7)(a), after “(1)(b)” insert “or (1A)(b)”. |
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(9) | In section 9 (proceedings under the Human Rights Act 1998)— |
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(a) | in subsection (2)(a), for “and (5)” substitute “, (5) and (5A)”; |
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(b) | in subsection (4), at the end insert “, and |
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(c) | a reference to a refusal to provide for a name to cease to |
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be treated as a name for an organisation shall be taken as |
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a reference to the action of the Secretary of State which |
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is found to be incompatible with a Convention right”. |
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(10) | In section 123(2) (orders and regulations subject to negative resolution |
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procedure), before paragraph (a) insert— |
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“(za) | section 3(6) or (8);”. |
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(11) | In paragraph 5(4) of Schedule 3 (the Proscribed Organisations Appeal |
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Commission), after subparagraph (a) insert— |
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“(aa) | provide for full particulars of the reasons for— |
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(i) | the making of an order under section 3(6), or |
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(ii) | a refusal to provide for a name to cease to be treated |
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as a name for an organisation, |
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| to be withheld from the organisation or applicant concerned |
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and from any person representing it or him;”. |
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Detention of terrorist suspects |
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23 | Extension of period of detention by judicial authority |
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(1) | Schedule 8 to the Terrorism Act 2000 (c. 11) (detention of terrorist suspects) is |
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(2) | In sub-paragraph (1) of each of paragraphs 29 and 36 (applications by a |
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superintendent or above for a warrant extending detention or for the extension |
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of the period of such a warrant), for the words from the beginning to “may” |
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“(1) | Each of the following— |
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(a) | in England and Wales, a Crown Prosecutor, |
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(b) | in Scotland, a procurator fiscal, |
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(c) | in Northern Ireland, the Director of Public Prosecutions for |
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(d) | in any part of the United Kingdom, a police officer of at least |
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the rank of superintendent, |
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(3) | In sub-paragraph (3) of paragraph 29 (period of extension to end no later than |
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(a) | for “Subject to paragraph 36(3A)” substitute “Subject to sub-paragraph |
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(3A) and paragraph 36”; and |
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(b) | for “end not later than the end of” substitute “be”. |
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(4) | After that sub-paragraph insert— |
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“(3A) | A judicial authority may issue a warrant of further detention in |
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relation to a person which specifies a shorter period as the period for |
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which that person’s further detention is authorised if— |
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(a) | the application for the warrant is an application for a warrant |
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specifying a shorter period; or |
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(b) | the judicial authority is satisfied that there are special |
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circumstances that would make it inappropriate for the |
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specified period to be as long as the period of seven days |
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mentioned in sub-paragraph (3).” |
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(5) | For sub-paragraphs (3) and (3A) of paragraph 36 (period for which warrants |
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may be extended) substitute— |
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“(3) | Subject to sub-paragraph (3AA), the new specified period shall be |
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(a) | begins with the time specified in sub-paragraph (3A); and |
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(b) | ends with whichever is the earlier of— |
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(i) | the end of the period of seven days beginning with |
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(ii) | the end of the period of three months beginning with |
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(3A) | The time referred to in sub-paragraph (3)(a) is— |
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(a) | in the case of a warrant specifying a period which has not |
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previously been extended under this paragraph, the end of |
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the period specified in the warrant, and |
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(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 |
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(3AA) | A judicial authority may extend or further extend the period |
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specified in a warrant by a shorter period than is required by sub- |
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(a) | the application for the extension is an application for an |
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extension by a period that is shorter than is so required; or |
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(b) | the judicial authority is satisfied that there are special |
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circumstances that would make it inappropriate for the |
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period of the extension to be as long as the period so |
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(6) | For paragraph 37 (release of detained person) substitute— |
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“37 (1) | This paragraph applies where— |
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(a) | a person (‘the detained person’) is detained by virtue of a |
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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) |
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or otherwise apart from the warrant. |
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(2) | If it at any time appears to the police officer or other person in charge |
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of the detained person’s case that any of the matters mentioned in |
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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— |
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(a) | if he has custody of the detained person, release him |
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(b) | if he does not, immediately inform the person who does have |
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custody of the detained person that those matters no longer |
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apply in the detained person’s case. |
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(3) | A person with custody of the detained person who is informed in |
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accordance with this paragraph that those matters no longer apply in |
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his case must release that person immediately.” |
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(7) | This section does not apply in a case in which— |
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(a) | the arrest of the person detained under section 41 of the Terrorism Act |
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2000 (c. 11) took place before the commencement of this section; or |
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(b) | his examination under Schedule 7 to that Act began before the |
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commencement of this section. |
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24 | Grounds for extending detention |
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(1) | 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), after paragraph (b) |
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“(ba) | pending the result of an examination or analysis of any |
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relevant evidence or of anything the examination or analysis |
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of which is to be or is being carried out with a view to |
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obtaining relevant evidence;”. |
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(2) | In sub-paragraph (1) of paragraph 32 of that Schedule (grounds on which a |
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judicial authority may authorise further detention), for the words from “to |
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obtain” to “preserve relevant evidence” substitute “as mentioned in sub- |
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(3) | After that sub-paragraph insert— |
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“(1A) | The further detention of a person is necessary as mentioned in this |
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sub-paragraph if it is necessary— |
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(a) | to obtain relevant evidence whether by questioning him or |
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(b) | to preserve relevant evidence; or |
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(c) | pending the result of an examination or analysis of any |
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relevant evidence or of anything the examination or analysis |
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of which is to be or is being carried out with a view to |
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obtaining relevant evidence.” |
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(4) | In paragraph 23(4) (meaning of “relevant evidence”), for “sub-paragraph (1)(a) |
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and (b)” substitute “this paragraph”. |
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(5) | This section does not apply in a case in which— |
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(a) | the arrest of the person detained under section 41 of the Terrorism Act |
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2000 took place before the commencement of this section; or |
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(b) | his examination under Schedule 7 to that Act began before the |
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commencement of this section. |
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