Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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A
Bill
To
Confer further powers to gather and share information for counter-terrorism
and other purposes; to make further provision about the detention and
questioning of terrorist suspects and the prosecution and punishment of
terrorist offences; to impose notification requirements on persons convicted of
such offences; to amend the law relating to asset freezing proceedings under
United Nations terrorism orders; to amend the law relating to inquests and
inquiries; to amend the definition of “terrorism”; to amend the enactments
relating to terrorist offences, control orders and the forfeiture of terrorist cash;
to provide for recovering the costs of policing at certain gas facilities; to amend
provisions about the appointment of special advocates in Northern Ireland;
and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Powers to gather and share information
Power to remove documents for examination
1
Power to remove documents for examination
(1)
This section applies to a search under any of the following provisions—
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(a)
section 43(1) of the Terrorism Act 2000 (c. 11) (search of suspected
terrorist);
(b)
section 43(2) of that Act (search of person arrested under section 41 on
suspicion of being a terrorist);
(c)
paragraph 1, 3, 11, 15, 28 or 31 of Schedule 5 to that Act (terrorist
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investigations);

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(d)
section 52(1) or (3)(b) of the Anti-terrorism, Crime and Security Act
2001 (c. 24) (search for evidence of commission of weapons-related
offences);
(e)
section 7A, 7B or 7C of the Prevention of Terrorism Act 2005 (c. 2)
(searches in connection with control orders);
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(f)
section 28 of the Terrorism Act 2006 (c. 11) (search for terrorist
publications).
(2)
A constable who carries out a search to which this section applies may, for the
purpose of ascertaining whether a document is one that may be seized, remove
the document to another place for examination and retain it there until the
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examination is completed.
(3)
Where a constable carrying out a search to which this section applies has power
to remove a document by virtue of this section, and the document—
(a)
consists of information that is stored in electronic form, and
(b)
is accessible from the premises being searched,
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the constable may require the document to be produced in a form in which it
can be taken away, and in which it is visible and legible or from which it can
readily be produced in a visible and legible form.
(4)
Where a document is removed under this section a constable has the same
powers of seizure as if it had not been removed and any matters discovered on
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examination after removal had been discovered before its removal.
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Offence of obstruction
(1)
A person who wilfully obstructs a constable in the exercise of the power
conferred by section 1 commits an offence.
(2)
A person guilty of an offence under this section is liable on summary
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conviction—
(a)
in England and Wales, to imprisonment for a term not exceeding 51
weeks or a fine not exceeding level 5 on the standard scale, or both;
(b)
in Scotland, to imprisonment for a term not exceeding twelve months
or a fine not exceeding level 5 on the standard scale, or both;
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(c)
in Northern Ireland, to imprisonment for a term not exceeding six
months or a fine not exceeding level 5 on the standard scale, or both.
(3)
In subsection (2)(a) as it applies in relation to an offence committed before
section 281(5) of the Criminal Justice Act 2003 (c. 44) comes into force, for “51
weeks” substitute “six months”.
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Items subject to legal privilege
(1)
Section 1 does not authorise a constable to remove a document if the constable
has reasonable cause to believe—
(a)
it is an item subject to legal privilege, or
(b)
it has an item subject to legal privilege comprised in it.
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(2)
Subsection (1)(b) does not prevent the removal of a document if it is not
reasonably practicable for the item subject to legal privilege to be separated
from the rest of the document without prejudicing any use of the rest of the
document that would be lawful if it were subsequently seized.

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(3)
If, after a document has been removed under section 1, it is discovered that—
(a)
it is an item subject to legal privilege, or
(b)
it has an item subject to legal privilege comprised in it,

the document must be returned forthwith.
(4)
Subsection (3)(b) does not require the return of a document if it is not
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reasonably practicable for the item subject to legal privilege to be separated
from the rest of the document without prejudicing any use of the rest of the
document that would be lawful if it were subsequently seized.
(5)
Where an item subject to legal privilege is removed under subsection (2) or
retained under subsection (4), it must not be examined or put to any other use
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except to the extent necessary for facilitating the examination of the rest of the
document.
(6)
For the purposes of this section “item subject to legal privilege”—
(a)
in England and Wales, has the same meaning as in the Police and
Criminal Evidence Act 1984 (c. 60);
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(b)
in Scotland, has the meaning given by section 412 of the Proceeds of
Crime Act 2002 (c. 29);
(c)
in Northern Ireland, has the same meaning as in the Police and
Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.
12)).
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Record of removal
(1)
A constable who removes a document under section 1 must make a written
record of the removal as soon as is reasonably practicable.
(2)
The record must—
(a)
describe the document,
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(b)
specify the object of the removal,
(c)
where the document was found in the course of a search of a person,
state the person’s name (if known),
(d)
where the document was found in the course of a search of any
premises, state the address of the premises where the document was
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found,
(e)
where the document was found in the course of a search of any
premises, state the name (if known) of—
(i)
any person who, when the record is made, appears to the
constable to have been the occupier of the premises when the
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document was found, and
(ii)
any person who, when the record is made, appears to the
constable to have had custody or control of the document when
it was found, and
(f)
state the date and time when the document was removed.
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(3)
If the constable does not know the name of the person mentioned in paragraph
(c) of subsection (2) or of any person mentioned in paragraph (e) of that
subsection, the record must include a description of that person.
(4)
The record must identify the constable by reference to the constable’s police
number.
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(5)
The following are entitled, on a request made to the constable, to a copy of the
record made under this section—
(a)
where the document was found in the course of a search of a person,
that person; and
(b)
where the document was found in the course of a search of any
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premises—
(i)
the occupier of the premises when it was found, and
(ii)
any person who had custody or control of the document when
it was found.
(6)
The constable must provide the copy within a reasonable time from the making
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of the request.
(7)
If, in England and Wales or Northern Ireland, the document is found in the
course of a search under a warrant, the constable must make an endorsement
on the warrant stating that the document has been removed under section 1.
(8)
In the application of this section in relation to the search of a vehicle, the
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reference to the address of the premises is to the location of the vehicle together
with its registration number (if any).
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Retention of documents
(1)
A document may not be retained by virtue of section 1 for more than 48 hours
without further authorisation.
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(2)
A constable of at least the rank of chief inspector may authorise the retention
of the document for a further period or periods.
(3)
This does not permit the retention of a document after the end of the period of
96 hours beginning with the time when it was removed for examination.
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Access to documents
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(1)
Where—
(a)
a document is retained by virtue of section 5, and
(b)
a request for access to the document is made to the officer in charge of
the investigation by a person within subsection (2),

the officer must grant that person access to the document, under the
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supervision of a constable, subject to subsection (3).
(2)
The persons entitled to make such a request are—
(a)
where the document was found in the course of a search of a person,
that person,
(b)
where the document was found in the course of a search of any
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premises—
(i)
the occupier of the premises when it was found, and
(ii)
any person who had custody or control of the document when
it was found, and
(c)
a person acting on behalf of a person within paragraph (a) or (b).
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(3)
The officer in charge of the investigation may refuse access to the document if
the officer has reasonable grounds for believing that to do so—
(a)
would prejudice any investigation for the purposes of which—
(i)
the original search was carried out, or

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(ii)
the document was removed or is being retained,
(b)
would prejudice the investigation of any offence,
(c)
would prejudice any criminal proceedings that may be brought as the
result of an investigation within paragraph (a) or (b), or
(d)
would facilitate the commission of an offence.
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(4)
In this section—
“the officer in charge of the investigation” means the officer in charge of
the investigation for the purposes of which the document is being
retained; and
“the original search” means the search in the course of which the
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document was removed.
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Photographing and copying of documents
(1)
Where a document is removed under section 1 it must not be photographed or
copied, except that a document consisting of information stored in electronic
form may be copied for the purpose of producing it in a visible and legible
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form.
(2)
Where the original document is returned, any such copy must—
(a)
in the case of a copy in electronic form, be destroyed or made
inaccessible as soon as is reasonably practicable, and
(b)
in any other case, be returned at the same time as the original document
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is returned.
(3)
The following are entitled, on a request made to the relevant chief officer of
police, to a certificate that subsection (2) has been complied with—
(a)
where the document was found in the course of a search of a person,
that person;
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(b)
where the document was found in the course of a search of any
premises—
(i)
the occupier of the premises when it was found, and
(ii)
any person who had custody or control of the document when
it was found.
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(4)
The certificate must be issued by the relevant chief officer of police, or a person
authorised by or on behalf of that chief officer, not later than the end of the
period of three months beginning with the day on which the request is made.
(5)
For this purpose the relevant chief officer of police is—
(a)
where the search was carried out in England or Wales, the chief officer
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of police in whose area the search was carried out;
(b)
where the search was carried out in Scotland, the chief constable of the
police force for the area in which the search was carried out;
(c)
where the search was carried out in Northern Ireland, the Chief
Constable of the Police Service of Northern Ireland.
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Return of documents
(1)
Where a document removed under section 1 is required to be returned, it must
be returned—
(a)
where the document was found in the course of a search of a person, to
that person;
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(b)
where the document was found in the course of a search of any
premises, to the occupier of the premises when it was found.
(2)
Subsection (1) does not apply where a person who is required to return the
document is satisfied that another person has a better right to it; and in such a
case it must be returned—
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(a)
to that other person, or
(b)
to whoever appears to the person required to return the document to
have the best right to it.
(3)
Where different persons claim to be entitled to the return of the document, it
may be retained for as long as is reasonably necessary for the determination of
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the person to whom it must be returned.
(4)
This section also applies in relation to a copy of a document that is required to
be returned at the same time as the original; and in such a case references to the
document in paragraphs (a) and (b) of subsection (1) are to the original.
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Power to remove documents: supplementary provisions
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(1)
In sections 1 to 8 “document” includes any record and, in particular, includes
information stored in electronic form.
(2)
In the application of those sections to a search under 52(1) of the Anti-
terrorism, Crime and Security Act 2001 (c. 24), for references to a constable
substitute references to an authorised officer within the meaning of that
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section.
(3)
In the application of those sections in relation to the search of a vehicle
references to the occupier of the premises are to the person in charge of the
vehicle.
Power to take fingerprints and samples from person subject to control order
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Power to take fingerprints and samples: England and Wales
(1)
In section 61 of the Police and Criminal Evidence Act 1984 (c. 60)
(fingerprinting), after subsection (6B) insert—
“(6BA)
A constable may take a person’s fingerprints without the appropriate
consent if the person is subject to a control order.”.
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(2)
In section 63 of that Act (other samples), after subsection (3C) insert—
“(3D)
A non-intimate sample may also be taken from a person without the
appropriate consent if the person is subject to a control order.”.
(3)
In section 63A of that Act (fingerprints and samples: supplementary
provisions)—
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(a)
in subsection (1) (checking against other fingerprints or samples), after
“reported for such an offence” insert “or he is or has been subject to a
control order”;
(b)
after subsection (6) insert—
“(6A)
A constable may require a person who is subject to a control
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order to attend a police station in order to—

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(a)
have his fingerprints taken in accordance with section
61(6BA);
(b)
have a non-intimate sample taken in accordance with
section 63(3D).”.
(4)
In section 64 of that Act (destruction of fingerprints and samples), after
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subsection (1A) insert—
“(1AA)
Where fingerprints or samples are taken from a person who is subject
to a control order the fingerprints or samples may be retained after they
have fulfilled the purposes for which they were taken but shall not be
used by any person except as described in subsection (1AB).”.
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(5)
In section 65(1) of that Act (interpretation), at the appropriate places insert—
““control order” has the same meaning as in the Prevention of
Terrorism Act 2005;”;
““person subject to a control order” means a person who has
become bound by a control order (see section 7(8) of the
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Prevention of Terrorism Act 2005) that remains in force;”.
(6)
The following amendments of that Act are consequential on those above—
(a)
in section 61—
(i)
in subsection (6C) after “subsection (6A)” insert “or (6BA)”;
(ii)
in subsection (7) for “or (6A)” substitute “, (6A) or (6BA)”;
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(iii)
in subsection (7A) after “subsection (6A)”, in both places where
it occurs, insert “or (6BA)”;
(b)
in section 63 (other samples)—
(i)
in subsection (8A) for “or (3C)” substitute “, (3C) or (3D)”;
(ii)
in the opening words of subsection (8B) after “police station”
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insert “or by virtue of subsection (3D) at a place other than a
police station”;
(iii)
in paragraph (a) of that subsection after “officer” insert “, or, in
a subsection (3D) case, a constable,”;
(c)
in section 63A(7) after “subsection (4)” insert “or (6A)”;
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(d)
in section 64(1B) after “subsection (1A)” insert “, (1AA)”.
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Power to take fingerprints and samples: Scotland
(1)
This section applies in relation to a person who is subject to a control order in
Scotland.
(2)
A constable may—
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(a)
take from the person, or require the person to provide, any relevant
physical data,
(b)
with the authority of an officer of a rank no lower than inspector, take
from the person any sample mentioned in paragraph (a), (b) or (c) of
subsection (6) of section 18 (prints, samples etc. in criminal
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investigations) of the Criminal Procedure (Scotland) Act 1995 (c. 46)
(“the 1995 Act”) by the means specified in that paragraph in relation to
the sample,
(c)
take, or direct a police custody and security officer to take, from the
person a sample mentioned in subsection (6A) of that section by the
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means specified in that subsection.