Terrorism Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Terrorism Bill

Terrorism Bill
Part 2 — Miscellaneous provisions
19

Part 2
Miscellaneous provisions
Proscription of terrorist organisations
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Grounds of proscription
In section 3 of the Terrorism Act 2000 (c. 11) (proscription of organisations),
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after subsection (5) insert—
“(5A)
The cases in which an organisation promotes or encourages terrorism
for the purposes of subsection (5)(c) include any case in which activities
of the organisation—
(a)
include the unlawful glorification of the commission or
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preparation (whether in the past, in the future or generally) of
acts of terrorism; or
(b)
are carried out in a manner that ensures that the organisation is
associated with statements containing any such glorification.
(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
could reasonably be expected to infer that what is being glorified, is
being glorified as—
(a)
conduct that should be emulated in existing circumstances, or
(b)
conduct of a description of conduct that should be so emulated.
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(5C)
In this section—
‘glorification’ includes any form of praise or celebration, and
cognate expressions are to be construed accordingly;
‘statement’ includes a communication without words consisting
of sounds or images or both.”
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Name changes by proscribed organisations
(1)
The Terrorism Act 2000 is amended as follows.
(2)
In section 3 (proscription of organisations), at the end insert—
“(6)
Where the Secretary of State believes—
(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
(whether as well as or instead of under the specified name), or
(b)
that an organisation that is operating under a name that is not
so specified is otherwise for all practical purposes the same as
an organisation so listed,
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he may, by order, provide that the name that is not specified in that
Schedule is to be treated as another name for the listed organisation.
(7)
Where an order under subsection (6) provides for a name to be treated
as another name for an organisation, this Act shall have effect in
relation to acts occurring while—
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(a)
the order is in force, and
(b)
the organisation continues to be listed in Schedule 2,

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Part 2 — Miscellaneous provisions
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as if the organisation were listed in that Schedule under the other name,
as well as under the name specified in the Schedule.
(8)
The Secretary of State may at any time by order revoke an order under
subsection (6) or otherwise provide for a name specified in such an
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
established in any proceedings by proof that an organisation is the
same as an organisation listed in Schedule 2, even though it is or was
operating under a name specified neither in Schedule 2 nor in an order
under subsection (6).”
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(3)
For subsection (1) of section 4 (applications for deproscription) substitute—
“(1)
An application may be made to the Secretary of State for an order under
section 3(3) or (8)—
(a)
removing an organisation from Schedule 2, or
(b)
providing for a name to cease to be treated as a name for an
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organisation listed in that Schedule.”
(4)
In subsection (2)(b) of that section (applications may be made by persons
affected by the organisation’s proscription), after “proscription” insert “or by
the treatment of the name as a name for the organisation.”
(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
name to cease to be treated as a name for an organisation”;
(b)
in subsection (4), omit “by or in respect of an organisation”;
(c)
in subsection (5), after “subsection (4)” insert “in respect of an appeal
against a refusal to deproscribe an organisation,”.
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(6)
After subsection (5) of that section insert—
“(5A)
Where an order is made under subsection (4) in respect of an appeal
against a refusal to provide for a name to cease to be treated as a name
for an organisation, the Secretary of State shall, as soon as is reasonably
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.”
(7)
In section 7 (effect on conviction etc. of successful appeal), after subsection (1)
insert—
“(1A)
This section also applies where—
(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,
(b)
an order has been made under section 3(8) in respect of the
name in accordance with an order of the Commission under
section 5(4),
(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
(d)
the activity to which the charge referred took place on or after
the date of the refusal, against which the appeal under section 5
was brought, to provide for a name to cease to be treated as a
name for the organisation.”
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(8)
In that section—

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(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)—
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(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
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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
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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,
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to be withheld from the organisation or applicant concerned
and from any person representing it or him;”.
Detention of terrorist suspects
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Extension of period of detention by judicial authority
(1)
Schedule 8 to the Terrorism Act 2000 (c. 11) (detention of terrorist suspects) is
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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—
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    “(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)—
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(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”.

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(4)
After that sub-paragraph insert—
   “(3A)
A judicial authority may issue a warrant of further detention in
relation to a 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
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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).”
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(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
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(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—
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(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

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(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
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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
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commencement of this section.
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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—
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“(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
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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
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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
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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”.
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(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.
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