Terrorism Bill

House of Commons

Session 2004 - 05
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Other Bills before Parliament

Terrorism Bill

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”;
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(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
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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—
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“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
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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.

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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”.
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(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
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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
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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
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(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”.
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All premises warrants: Scotland
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(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)”.
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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
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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.”
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(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
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(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
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any premises, he may issue a warrant authorising a constable—

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Part 2 — Miscellaneous provisions
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(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.
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(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
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(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.”
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(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),
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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;
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“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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Terrorism Bill
Part 2 — Miscellaneous provisions
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(a)
in subsection (1), for the words from the beginning to “satisfied”
substitute “If a sheriff, on the application of a procurator fiscal, is
satisfied”;
(b)
in subsection (5) omit “on an information laid by or on behalf of the
Director of Public Prosecutions or the Director of Public Prosecutions
5
for Northern Ireland”;
(c)
in subsection (9), for the definition of ‘“premises” substitute—
“‘premises’ has the same meaning as in the Terrorism Act
2000 (c. 11) (see section 121 of that Act).”
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Power to search vehicles under Schedule 7 to the Terrorism Act 2000
10
In paragraph 8 of Schedule 7 to the Terrorism Act 2000 (search of a person at a
port or in the border area to ascertain if he is involved in terrorism), after sub-
paragraph (1)(d) insert—
“(e)
search a vehicle which is on a ship or aircraft;
(f)
search a vehicle which the examining officer reasonably
15
believes has been, or is about to be, on a ship or aircraft.”
29
Extension to internal waters of authorisations to stop and search
(1)
The Terrorism Act 2000 is amended as follows.
(2)
In section 44 (authorisations for stop and search), after subsection (4) insert—
“(4ZA)
The power of a person mentioned in subsection (4) to give an
20
authorisation specifying an area or place so mentioned includes power
to give such an authorisation specifying such an area or place together
with—
(a)
the internal waters adjacent to that area or place; or
(b)
such area of those internal waters as is specified in the
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authorisation.”
(3)
After subsection (5) of that section insert—
“(5A)
In this section—
‘driver’, in relation to an aircraft, hovercraft or vessel, means the
captain, pilot or other person with control of the aircraft,
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hovercraft or vessel or any member of its crew and, in relation
to a train, includes any member of its crew;
‘internal waters’ means waters in the United Kingdom that are not
comprised in any police area.”
(4)
In section 45 (exercise of powers), after subsection (6) insert—
35
“(7)
In this section ‘driver’ has the same meaning as in section 44.”
Other investigatory powers
30
Amendment of the Intelligence Services Act 1994 (c. 13)
(1)
The Intelligence Services Act 1994 is amended as follows.
(2)
In subsection (1) of section 6 (persons under whose hand a warrant to act
40

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Part 2 — Miscellaneous provisions
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within the British Islands may be issued), after paragraph (c) insert “or
(d)
in an urgent case where the Secretary of State has expressly
authorised the issue of warrants in accordance with this
paragraph by specified senior officials and a statement of that
fact is endorsed on the warrant, under the hand of any of the
5
specified officials.”
(3)
After that subsection insert—
“(1A)
But a warrant issued in accordance with subsection (1)(d) may
authorise the taking of an action only if the action is an action in relation
to property which, immediately before the issue of the warrant, would,
10
if done outside the British Islands, have been authorised by virtue of an
authorisation under section 7 that was in force at that time.”
(1B)
A senior official who issues a warrant in accordance with subsection
(1)(d) must inform the Secretary of State about the issue of the warrant
as soon as practicable after issuing it.”
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(4)
In subsection (2)(b) of that section (duration of warrants issued by senior
officials), for “second” substitute “fifth”.
(5)
In subsection (6)(b) of section 7 (duration of authorisations to act outside the
British Islands that are issued by senior officials), for “second” substitute
“fifth”.
20
(6)
After subsection (9) of that section insert—
“(10)
Where—
(a)
a person is authorised by virtue of this section to do an act
outside the British Islands in relation to property,
(b)
the act is one which, in relation to property within the British
25
Islands, is capable of being authorised by a warrant under
section 5,
(c)
a person authorised by virtue of this section to do that act
outside the British Islands, does the act in relation to that
property while it is within the British Islands, and
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(d)
the act is done in circumstances falling within subsection (11) or
(12),

this section shall have effect as if the act were done outside the British
Islands in relation to that property.
(11)
An act is done in circumstances falling within this subsection if it is
35
done in relation to the property at a time when it is believed to be
outside the British Islands.
(12)
An act is done in circumstances falling within this subsection if it —
(a)
is done in relation to property which was mistakenly believed
to be outside the British Islands either when the authorisation
40
under this section was given or at a subsequent time or which
has been brought within the British Islands since the giving of
the authorisation; but
(b)
is done before the end of the fifth working day after the day on
which the presence of the property in the British Islands first
45
becomes known.

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Part 2 — Miscellaneous provisions
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(13)
In subsection (12) the reference to the day on which the presence of the
property in the British Islands first becomes known is a reference to the
day on which it first appears to a member of the Intelligence Service or
of GCHQ, after the relevant time—
(a)
that the belief that the property was outside the British Islands
5
was mistaken; or
(b)
that the property is within those Islands.
(14)
In subsection (13) ‘the relevant time’ means, as the case may be—
(a)
the time of the mistaken belief mentioned in subsection (12)(a);
or
10
(b)
the time at which the property was, or was most recently,
brought within the British Islands.”
31
Interception warrants
(1)
The Regulation of Investigatory Powers Act 2000 (c. 23) is amended as follows.
(2)
In section 9(6) (period for which interception warrants can be issued or
15
renewed), after paragraph (a) insert—
“(ab)
in relation to an unrenewed warrant which is endorsed under
the hand of the Secretary of State with a statement that the issue
of the warrant is believed to be necessary on grounds falling
within section 5(3)(a) or (c), means the period of six months
20
beginning with the day of the warrant’s issue;”.
(3)
For subsection (6) of section 10 (prohibition on modification of scheduled parts
of warrant by the person to whom the warrant is addressed or his
subordinates) substitute—
“(6)
Subsection (4) authorises the modification of the scheduled parts of an
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interception warrant under the hand of a senior official who is either—
(a)
the person to whom the warrant is addressed, or
(b)
a person holding a position subordinate to that person,

only if the applicable condition specified in subsection (6A) is satisfied
and a statement that the condition is satisfied is endorsed on the
30
modifying instrument.
(6A)
The applicable condition is—
(a)
in the case of an unrenewed warrant, that the warrant is
endorsed with a statement that the issue of the warrant is
believed to be necessary in the interests of national security; and
35
(b)
in the case of a renewed warrant, that the instrument by which
it was last renewed is endorsed with a statement that the
renewal is believed to be necessary in the interests of national
security.”
(4)
In subsection (9)(b) (modifications made otherwise than by Secretary of State
40
ceasing to have effect after five days), after “(5A)(b)” insert “, (6)”.
(5)
In section 16 (extra safeguards in the case of certificated warrants)—
(a)
in subsection (3)(b) (exception for communications sent during a
specified three month period), for “a period of not more than three
months specified in the certificate” substitute “a period specified in the
45
certificate that is no longer than the permitted maximum”; and