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| | | order under this section that the authorisation shall be renewed |
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| | | for a further period not exceeding 24 hours.”; |
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| | | (b) | for subsection (2), substitute— |
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| | | “(2) | A High Court judge may grant an application under subsection |
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| | | (1) if satisfied that it is necessary for the prevention of acts of |
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| | | terrorism for the authorisation to be renewed for a further period |
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| | | not exceeding 24 hours.”; |
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| | | (c) | for subsection (3), substitute— |
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| | | “(3) | Where an authorisation has been given by a person listed in |
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| | | section 44(4), the person who gives the authorisation, or applies |
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| | | for renewal under subsection (1), shall inform the Secretary of |
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| | | State as soon as is reasonably practicable and in any event within |
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| | | |
| | | (d) | omit subsections (4), (5) and (7).’. |
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| | Page 1, line 5 [Clause 1], leave out subsection (1) and insert— |
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| | | ‘(A1) | This section applies to a statement that is likely to be understood by members of |
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| | | the public to whom it is published as a direct or indirect encouragement or other |
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| | | inducement to them to the commission, preparation or instigation of acts of |
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| | | terrorism or Convention offences. |
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| | | (1) | A person commits an offence if— |
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| | | (a) | he publishes a statement to which this section applies or causes another |
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| | | to publish such a statement on his behalf; and |
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| | | (b) | at the time he does so, he intends the statement to be understood as |
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| | | mentioned in subsection (A1) or is reckless as to whether or not it is |
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| | | likely to be so understood. |
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| | | (1A) | For the purposes of this section the cases in which a person is to be taken as |
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| | | reckless as to whether a statement is likely to be understood as mentioned in |
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| | | subsection (A1) include any case in which he could not reasonably have failed to |
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| | | be aware of that likelihood.’. |
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| | Page 1, line 5 [Clause 1], leave out subsection (1) and insert— |
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| | | ‘(A1) | This section applies to a statement that is likely to be understood by members of |
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| | | the public to whom it is published as a direct or indirect encouragement or other |
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| | | inducement to them to the commission, preparation or instigation of acts of |
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| | | terrorism or Convention offences. |
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| | | (1) | A person commits an offence if— |
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| | | (a) | he publishes a statement to which this section applies or causes another |
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| | | to publish such a statement on his behalf; and |
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| | | (b) | at the time he does so, he intends the statement to be understood as |
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| | | mentioned in subsection (A1) or is reckless as to whether or not it is |
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| | | likely to be so understood. |
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| | Page 1, line 6 [Clause 1], leave out from ‘statement’ to end of line 7 on page 2 and |
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| | insert ‘, which may include the glorification of the commission or preparation (whether in |
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| | the past, in the future or generally) of acts of terrorism or Convention offences, or causes |
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| | another to publish a statement on his behalf; and |
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| | | (b) | at the time he does so he— |
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| | | (i) | knows or believes that members of the public to whom the |
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| | | statement is addressed or is to be published will, or |
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| | | (ii) | is recklessly indifferent to the likelihood that such persons |
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| | | |
| | | | understand it as a direct or indirect encouragement or inducement to the |
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| | | commission, preparation or instigation of acts of terrorism or Convention |
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| | Page 1, line 8 [Clause 1], leave out paragraph (b) and insert— |
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| | | ‘(b) | at the time he does so, he intends or is recklessly indifferent to the fact |
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| | | that the publication will be understood as a direct or indirect |
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| | | encouragement or inducement to the commission, preparation or |
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| | | instigation of acts of terrorism or Convention offences.’. |
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| | Page 1, line 9 [Clause 1], leave out from ‘believes’ to end of line 10. |
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| | Page 1, line 12 [Clause 1], leave out ‘or indirect encouragement or other |
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| | inducement’ and insert ‘provocation’. |
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| | Mr Robert Marshall-Andrews |
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| | Page 1, line 14 [Clause 1], at end insert ‘and |
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| | | |
| | | (i) | he intends that the statement will have that effect, or |
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| | | (ii) | he is reckless as to whether the statement will have that effect |
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| | | upon reasonable members of the public.’. |
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| | |
| | |
| | |
| | |
| | |
| | Mr Robert Marshall-Andrews |
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| | Page 1, line 15 [Clause 1], leave out subsection (2). |
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| | |
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| | Page 2, line 7 [Clause 1], after ‘emulated’, insert ‘by them’. |
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| | |
| | | |
| | Page 2, line 8 [Clause 1], leave out from ‘questions’ to ‘must’ in line 10 and insert |
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| | ‘how a statement is likely to be understood and what members of the public could |
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| | reasonably be expected to infer from it’. |
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| | |
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| | Page 2, line 13 [Clause 1], leave out ‘in which it is or is to be published’ and insert |
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| | |
| | |
| | | |
| | Page 2, line 14 [Clause 1], leave out from ‘of’ to ‘relates’ in line 15 and insert |
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| | ‘subsections (A1) to (2)— |
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| | | (a) | whether the statement or how it is likely to be understood,’. |
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| | Page 2, line 14 [Clause 1], leave out ‘subsections (1) and (2)’ and insert |
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| | Page 3, line 18 [Clause 2], leave out ‘as such an encouragement or other |
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| | Page 3, line 20 [Clause 2], at end insert ‘as a direct or indirect encouragement or |
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| | other inducement to them to the commission, preparation or instigation of such acts.’. |
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| | Page 3, line 21 [Clause 2], leave out subsection (4). |
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| | |
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| | Page 3, line 28 [Clause 2], after ‘emulated’ insert ‘by him’. |
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| | |
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| | Page 3, line 36 [Clause 2], after ‘useful’ insert ‘to them’. |
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| | |
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| | Page 3, line 43 [Clause 2], leave out from beginning to ‘or’ in line 44 and insert— |
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| | | ‘(a) | the statement or how it is likely to be understood,’. |
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| | Page 4, line 9 [Clause 2], at end insert— |
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| | | ‘(8A) | For the purposes of subsection 8(c), the publication, or part thereof, is to be |
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| | | regarded as having the endorsement of a person (“the relevant person”) if— |
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| | | (a) | a constable has given him a notice under subsection (8B); |
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| | | (b) | more than 2 days have elapsed after the day on which the notice was |
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| | | given , not more than one of which shall be a weekend day or public |
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| | | |
| | | (c) | the relevant person has failed, without reasonable excuse, to comply with |
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| | | |
| | | (8B) | A notice under this subsection is a notice which— |
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| | | (a) | declares that, in the opinion of the constable giving it, the publication is |
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| | | unlawfully terrorism-related; |
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| | | (b) | requires the relevant person to secure that the publication, so far as it is |
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| | | so related, is not available to the public or is modified so as no longer to |
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| | | |
| | | (c) | warns the relevant person that a failure to comply with the notice within |
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| | | 2 days will result in the publication being regarded as having his |
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| | | |
| | | (d) | explains how, under subsection (8C), he may become liable by virtue of |
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| | | the notice if the publication becomes available to the public after he has |
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| | | complied with the notice. |
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| | | |
| | | (a) | a notice under subsection (8B) has been given to the relevant person in |
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| | | respect of a publication, and he has complied with it, but |
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| | | (b) | he subsequently publishes or causes to be published a publication which |
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| | | is, or is for all practical purposes, the same or to the same effect as the |
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| | | publication to which the notice related, or to matter contained in the |
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| | | article or record to which it related, (a “repeat publication”); |
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| | | | the requirements of subsection (8A)(a) to (c) shall be regarded as satisfied in the |
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| | | case of the repeat publication in relation to the times of its subsequent publication |
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| | | by the relevant person.’. |
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| | |
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| | |
| | | |
| | Page 4, line 13 [Clause 2], 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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| | |
| | |
| | | |
| | Page 5, line 11 [Clause 3], after ‘2’, insert ‘working’. |
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| | Page 5, line 23 [Clause 3], after ‘2’, insert ‘working’. |
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| | |
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| | Page 5, line 45 [Clause 3], at end insert— |
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| | | ‘( ) | In a case in which the service provided electronically by a person— |
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| | | (a) | consists only in transmitting or in storing information provided by others, |
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| | | |
| | | (b) | does not involve any selection or exercise of other editorial control over |
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| | | the whole or any part of the contents of what is transmitted or stored or |
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| | | any independent selection of the persons to whom those contents are |
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| | | |
| | | | the steps which it is reasonable for the purposes of subsection (5) for that person |
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| | | to take do not include the monitoring of the contents of information transmitted |
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| | | or stored by that person in the provision of that service or the taking of any other |
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| | | steps to ascertain the contents of such information.’. |
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| | Page 6, line 15 [Clause 3], leave out subsection (8). |
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| | |
| | | |
| | Page 6, line 22 [Clause 3], at end insert— |
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| | | ‘( ) | In this section “working day” means any day other than— |
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| | | (a) | a Saturday or a Sunday; |
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| | | (b) | Christmas Day or Good Friday; or |
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| | | (c) | a day which is a bank holiday under the Banking and Financial Dealings |
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| | | Act 1971 (c. 80) in any part of the United Kingdom.’. |
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| | Page 7, line 36 [Clause 6], leave out ‘suspects’ and insert ‘believes’. |
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| | Page 8, line 12 [Clause 6], leave out paragraph (b). |
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| | Page 8, line 19 [Clause 6], leave out ‘method or technique for doing anything’ and |
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| | insert ‘substance or technology specified for the purposes of this subsection by the |
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| | Secretary of State by order’. |
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| | |
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| | Page 8, line 30 [Clause 6], at end insert— |
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| | | ‘(4A) | It shall be a defence to an offence under section 6(1), for the defendant to show |
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| | | that he reported any suspicion to the police or in the case of an employee to his |
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| | | employer or other person in authority over him.’. |
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| | Page 8, line 46 [Clause 6], leave out from ‘(c. 24)’ to end of line 49. |
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| | Page 10, line 18 [Clause 8], at end insert— |
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| | | ‘(7) | It shall be a defence to an offence under this section for the defendant to show that |
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| | | his attendance at any place used for terrorist training was— |
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| | | (a) | for the purpose of preventing the instruction or training taking place; or |
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| | | (b) | for the purpose of gathering information about the instruction or training; |
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