|
| |
|
16 | Material subject to the Terrorism Act 2000: England and Wales and Northern |
| |
| |
(1) | Paragraph 14 of Schedule 8 to the Terrorism Act 2000 (rights of persons |
| |
detained in England, Wales or Northern Ireland: retention and use of |
| |
fingerprints and samples etc) is amended as follows. |
| 5 |
(2) | In sub-paragraph (2) (purposes for which fingerprints and samples may be |
| |
used) for the words from “or for purposes related” to the end substitute “or as |
| |
mentioned in sub-paragraph (2A)”. |
| |
(3) | After that sub-paragraph insert— |
| |
“(2A) | The fingerprints or samples may be used— |
| 10 |
(a) | in the interests of national security, |
| |
(b) | for purposes related to the prevention or detection of crime, |
| |
the investigation of an offence or the conduct of a |
| |
| |
(c) | for purposes related to the identification of a deceased person |
| 15 |
or of the person from whom the material came.”. |
| |
(4) | Omit sub-paragraph (3). |
| |
(5) | In sub-paragraph (4) (what fingerprints, samples or other information may be |
| |
checked against), after paragraph (b) insert— |
| |
“(ba) | material to which section 18 of the Counter-Terrorism Act |
| 20 |
| |
17 | Material subject to the Terrorism Act 2000: Scotland |
| |
(1) | Part 1 of Schedule 8 to the Terrorism Act 2000 (treatment of detained persons) |
| |
| |
(2) | In paragraph 20 (persons detained in Scotland: fingerprinting etc), in sub- |
| 25 |
paragraph (3) (retention and use of physical data or samples), for the words |
| |
from “except” to the end substitute “except— |
| |
(a) | for the purposes of a terrorist investigation, |
| |
(b) | in the interests of national security, or |
| |
(c) | for purposes related to the prevention or detection of crime, |
| 30 |
the investigation of an offence or the conduct of a |
| |
| |
(3) | After paragraph 20, insert— |
| |
“21 (1) | Section 20 of the Criminal Procedure (Scotland) Act 1995 applies to |
| |
relevant physical data or samples taken from a person detained |
| 35 |
under Schedule 7 or section 41 at a police station in Scotland with the |
| |
| |
(2) | Omit the references to impressions. |
| |
(3) | For the words from “against other such data” to the end substitute “, |
| |
subject to paragraph 20(3) of Schedule 8 to the Terrorism Act 2000, |
| 40 |
| |
(a) | other such data, samples and information, |
| |
(b) | any of the fingerprints, samples and information mentioned |
| |
in section 63A(1)(a) and (b) of the Police and Criminal |
| |
|
| |
|
| |
|
Evidence Act 1984 (c. 60) (checking of fingerprints and |
| |
| |
(c) | material to which section 18 of the Counter-Terrorism Act |
| |
| |
18 | Material not subject to existing statutory restrictions |
| 5 |
(1) | This section applies to— |
| |
(a) | DNA samples or profiles, or |
| |
| |
| that are not held subject to existing statutory restrictions. |
| |
(2) | Material to which this section applies that is held by a law enforcement |
| 10 |
authority in England and Wales or Northern Ireland may be retained by that |
| |
| |
(a) | in the interests of national security, |
| |
(b) | for purposes related to the prevention or detection of crime, the |
| |
investigation of an offence or the conduct of a prosecution, or |
| 15 |
(c) | for purposes related to the identification of a deceased person or of the |
| |
person from whom the material came, |
| |
| if the following condition is met. |
| |
(3) | The condition is that the material has been— |
| |
(a) | obtained by the authority— |
| 20 |
(i) | pursuant to an authorisation under Part 3 of the Police Act 1997 |
| |
(c. 50) (authorisation of action in respect of property), or |
| |
(ii) | in the course of surveillance, or use of a covert human |
| |
intelligence source, authorised under Part 2 of the Regulation of |
| |
Investigatory Powers Act 2000 (c. 23), |
| 25 |
(b) | supplied to the authority by another law enforcement authority, or |
| |
(c) | otherwise lawfully obtained or acquired by the authority for any of the |
| |
purposes mentioned in subsection (2). |
| |
| |
(a) | the reference to using material includes allowing a check to be made |
| 30 |
against it, or against information derived from it, or disclosing it to any |
| |
| |
(b) | the reference to crime includes any conduct that— |
| |
(i) | constitutes a criminal offence (whether under the law of a part |
| |
of the United Kingdom or of a country or territory outside the |
| 35 |
| |
(ii) | is, or corresponds to, conduct that, if it took place in the United |
| |
Kingdom, would constitute a criminal offence; |
| |
(c) | the references to investigation and prosecution include, respectively, |
| |
the investigation outside the United Kingdom of a crime or suspected |
| 40 |
crime and a prosecution brought in respect of a crime in a country or |
| |
territory outside the United Kingdom. |
| |
| |
“DNA sample” means any material that has come from a human body |
| |
and consists of or includes human cells; |
| 45 |
“DNA profile” means any information derived from a DNA sample; |
| |
|
| |
|
| |
|
“fingerprints” means a record (in any form and produced by any method) |
| |
of the skin pattern and other physical characteristics or features of a |
| |
person’s fingers or either of a person’s palms; |
| |
“law enforcement authority” means a police force, the Serious Organised |
| |
Crime Agency or the Commissioners for Her Majesty’s Revenue and |
| 5 |
Customs or an authority having functions under the law of a country or |
| |
territory outside the United Kingdom— |
| |
(a) | corresponding to those of a police force, or |
| |
(b) | otherwise involving the investigation or prosecution of |
| |
| 10 |
“police force” means any of the following— |
| |
(a) | the metropolitan police force; |
| |
(b) | a police force maintained under section 2 of the Police Act 1996 |
| |
(c. 16) (police forces in England and Wales outside London); |
| |
(c) | the City of London police force; |
| 15 |
(d) | any police force maintained under or by virtue of section 1 of |
| |
the Police (Scotland) Act 1967 (c. 77); |
| |
(e) | the Police Service of Northern Ireland; |
| |
(f) | the Police Service of Northern Ireland Reserve; |
| |
(g) | the Ministry of Defence Police; |
| 20 |
(h) | the Royal Navy Police; |
| |
(i) | the Royal Military Police; |
| |
(j) | the Royal Air Force Police; |
| |
(k) | the British Transport Police. |
| |
(6) | The following are “the existing statutory restrictions” referred to in subsection |
| 25 |
| |
(a) | sections 63A and 64 of the Police and Criminal Evidence Act 1984 |
| |
| |
(b) | Articles 63A and 64 of the Police and Criminal Evidence (Northern |
| |
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)); |
| 30 |
(c) | paragraph 14 or 20(3) of Schedule 8 to the Terrorism Act 2000 (c. 11); |
| |
(d) | section 2(2) of the Security Service Act 1989 (c. 5); |
| |
(e) | section 1(2) of the Intelligence Services Act 1994 (c. 13). |
| |
Disclosure of information and the intelligence services |
| |
19 | Disclosure and the intelligence services |
| 35 |
(1) | A person may disclose information to any of the intelligence services for the |
| |
purposes of the exercise by that service of any of its functions. |
| |
(2) | Information obtained by any of the intelligence services in connection with the |
| |
exercise of any of its functions may be used by that service in connection with |
| |
the exercise of any of its other functions. |
| 40 |
(3) | Information obtained by the Security Service for the purposes of any of its |
| |
functions may be disclosed by it— |
| |
(a) | for the purpose of the proper discharge of its functions, |
| |
(b) | for the purpose of the prevention or detection of serious crime, or |
| |
(c) | for the purpose of any criminal proceedings. |
| 45 |
|
| |
|
| |
|
(4) | Information obtained by the Secret Intelligence Service for the purposes of any |
| |
of its functions may be disclosed by it— |
| |
(a) | for the purpose of the proper discharge of its functions, |
| |
(b) | in the interests of national security, |
| |
(c) | for the purpose of the prevention or detection of serious crime, or |
| 5 |
(d) | for the purpose of any criminal proceedings. |
| |
(5) | Information obtained by GCHQ for the purposes of any of its functions may be |
| |
| |
(a) | for the purpose of the proper discharge of its functions, or |
| |
(b) | for the purpose of any criminal proceedings. |
| 10 |
(6) | A disclosure under this section does not breach— |
| |
(a) | any obligation of confidence owed by the person making the |
| |
| |
(b) | any other restriction on the disclosure of information (however |
| |
| 15 |
(7) | The provisions of this section are subject to section 20 (savings and other |
| |
supplementary provisions). |
| |
20 | Disclosure and the intelligence services: supplementary provisions |
| |
(1) | The provisions of section 19 (disclosure and use of information) do not affect |
| |
the duties with respect to the obtaining or disclosure of information imposed— |
| 20 |
(a) | on the Director-General of the Security Service, by section 2(2) of the |
| |
Security Service Act 1989 (c. 5); |
| |
(b) | on the Chief of the Intelligence Service, by section 2(2) of the |
| |
Intelligence Services Act 1994 (c. 13); |
| |
(c) | on the Director of GCHQ, by section 4(2) of that Act. |
| 25 |
(2) | Nothing in that section authorises a disclosure that— |
| |
(a) | contravenes the Data Protection Act 1998 (c. 29), or |
| |
(b) | is prohibited by Part 1 of the Regulation of Investigatory Powers Act |
| |
| |
(3) | The provisions of that section are without prejudice to any rule of law |
| 30 |
authorising the obtaining, use or disclosure of information by any of the |
| |
| |
(4) | Nothing in that section shall be read as casting doubt on the legality of |
| |
anything done by any of the intelligence services before that section came into |
| |
| 35 |
21 | Disclosure and the intelligence services: interpretation |
| |
(1) | In sections 19 and 20 “the intelligence services” means the Security Service, the |
| |
Secret Intelligence Service and GCHQ. |
| |
(2) | References in section 19 to the functions of those services are— |
| |
(a) | in the case of the Security Service, to the functions specified in section |
| 40 |
1(2) to (4) of the Security Service Act 1989; |
| |
(b) | in the case of the Secret Intelligence Service, to the functions specified |
| |
in section 1(1)(a) and (b) of the Intelligence Services Act 1994, exercised |
| |
in accordance with section 1(2) of that Act; |
| |
|
| |
|
| |
|
| |
(i) | to the functions specified in section 3(1)(a) of that Act, exercised |
| |
in accordance with section 3(2) of that Act, and |
| |
(ii) | to the functions specified in section 3(1)(b) of that Act. |
| |
(3) | In sections 19, 20 and this section “GCHQ” has the same meaning as in the |
| 5 |
Intelligence Services Act 1994 (c. 13) (see section 3(3) of that Act). |
| |
(4) | Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23) |
| |
(meaning of “prevention” and “detection”), so far as it relates to serious crime, |
| |
applies for the purposes of section 19 as it applies for the purposes of the |
| |
provisions of that Act not contained in Chapter 1 of Part 1. |
| 10 |
| |
Detention and questioning of terrorist suspects |
| |
| |
22 | Period of pre-charge detention |
| |
Schedule 1 to this Act contains amendments relating to the period for which a |
| 15 |
person may be detained under section 41 of the Terrorism Act 2000 (c. 11) |
| |
(arrest and detention of suspected terrorists). |
| |
| |
23 | Post-charge questioning: England and Wales |
| |
(1) | The following provisions apply in England and Wales. |
| 20 |
(2) | A constable may question a person about a terrorism offence after the person |
| |
has been charged with the offence or been officially informed that they may be |
| |
| |
(3) | A constable may question a person about an offence where the person has been |
| |
sent for trial for the offence if— |
| 25 |
(a) | the offence is a terrorism offence, or |
| |
(b) | a judge of the Crown Court— |
| |
(i) | has made an order under section 29 of the Criminal Procedure |
| |
and Investigations Act 1996 (c. 25) for a preparatory hearing to |
| |
| 30 |
(ii) | did so on the basis that the offence was within subsection (1C) |
| |
of that section (offences with a terrorist connection). |
| |
(4) | Codes of practice under section 66 of the Police and Criminal Evidence Act |
| |
1984 (c. 60) may make provision about the questioning of a person by a |
| |
constable in accordance with this section. |
| 35 |
(5) | Nothing in this section prevents codes of practice under that section making |
| |
other provision for the questioning of a person by a constable about an |
| |
| |
(a) | after the person has been charged with the offence or been officially |
| |
informed that they may be prosecuted for it, or |
| 40 |
|
| |
|
| |
|
(b) | after the person has been sent for trial for the offence. |
| |
(6) | In section 34(1) of the Criminal Justice and Public Order Act 1994 (c. 33) (effect |
| |
of accused’s failure to mention facts when questioned or charged: |
| |
circumstances in which the section applies) after paragraph (b) insert— |
| |
| 5 |
(c) | at any time after being charged with the offence, on being |
| |
questioned under section 23 of the Counter-Terrorism Act 2008 |
| |
(post-charge questioning), failed to mention any such fact,”. |
| |
(7) | Nothing in section 36 or 37 of that Act (effect of accused’s failure or refusal to |
| |
account for certain matters) is to be read as excluding the operation of those |
| 10 |
sections in relation to a request made in the course of questioning under this |
| |
| |
24 | Post-charge questioning: Scotland |
| |
(1) | The following provisions apply in Scotland. |
| |
(2) | A constable may question a person about a terrorism offence after the person |
| 15 |
has been charged with the offence. |
| |
(3) | A constable may question a person about any other offence after the person has |
| |
been charged with the offence if— |
| |
(a) | the person has appeared on petition in respect of the offence, and |
| |
(b) | it is averred in the petition that the offence has a terrorist connection. |
| 20 |
(4) | A constable may question a person under subsection (2) or (3) at any time up |
| |
to the commencement of the trial. |
| |
(5) | Evidence of any statement obtained from a person as a result of questioning |
| |
under subsection (2) or (3) is not inadmissible solely because the questioning |
| |
occurred after the person had been charged. |
| 25 |
(6) | In this section “charged” means charged by the police. |
| |
25 | Post-charge questioning: Northern Ireland |
| |
(1) | The following provisions apply in Northern Ireland. |
| |
(2) | A constable may question a person about a terrorism offence— |
| |
(a) | after the person has been charged with the offence or been officially |
| 30 |
informed that they may be prosecuted for it, or |
| |
(b) | after the person has been sent for trial for the offence. |
| |
(3) | Codes of practice under Article 65 of the Police and Criminal Evidence |
| |
(Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) may make provision |
| |
about the questioning of a person by a constable in accordance with this |
| 35 |
| |
(4) | Nothing in this section prevents codes of practice under that Article making |
| |
other provision for the questioning of a person by a constable about an |
| |
| |
(a) | after the person has been charged with the offence or been officially |
| 40 |
informed that they may be prosecuted for it, or |
| |
(b) | after the person has been sent for trial for the offence. |
| |
|
| |
|
| |
|
(5) | In Article 3(1) of the Criminal Evidence (Northern Ireland) Order 1988 (S.I. |
| |
1988/1987 (N.I. 20)) (effect of accused’s failure to mention facts when |
| |
questioned or charged: circumstances in which the article applies) after sub- |
| |
| |
| 5 |
(c) | at any time after being charged with the offence, on being |
| |
questioned under section 25 of the Counter-Terrorism Act 2008 |
| |
(post-charge questioning), failed to mention any such fact,”. |
| |
(6) | Nothing in Article 5 or 6 of that Order (effect of accused’s failure or refusal to |
| |
account for certain matters) is to be read as excluding the operation of those |
| 10 |
Articles in relation to a request made in the course of questioning under this |
| |
| |
26 | Post-charge questioning: meaning of “terrorism offence” |
| |
(1) | For the purposes of sections 23 to 25 (post-charge questioning) the following |
| |
| 15 |
(a) | an offence under any of the following provisions of the Terrorism Act |
| |
| |
sections 11 to 13 (offences relating to proscribed organisations), |
| |
sections 15 to 19, 21A and 21D (offences relating to terrorist |
| |
| 20 |
sections 38B and 39 (disclosure of and failure to disclose |
| |
information about terrorism), |
| |
section 54 (weapons training), |
| |
sections 56 to 58A (directing terrorism, possessing things and |
| |
collecting information for the purposes of terrorism), |
| 25 |
sections 59 to 61 (inciting terrorism outside the United Kingdom), |
| |
paragraph 14 of Schedule 5 (order for explanation of material: |
| |
false or misleading statements), |
| |
paragraph 1 of Schedule 6 (failure to provide customer |
| |
information in connection with a terrorist investigation), |
| 30 |
paragraph 18 of Schedule 7 (offences in connection with port and |
| |
| |
(b) | an offence in respect of which there is jurisdiction by virtue of any of |
| |
sections 62 to 63D of that Act (extra-territorial jurisdiction in respect of |
| |
certain offences committed outside the United Kingdom for the |
| 35 |
purposes of terrorism etc); |
| |
(c) | an offence under section 113 of the Anti-Terrorism, Crime and Security |
| |
Act 2001 (c. 24) (use of noxious substances or things), as that section |
| |
applies to conduct outside the United Kingdom; |
| |
(d) | an offence under any of the following provisions of Part 1 of the |
| 40 |
Terrorism Act 2006 (c. 11)— |
| |
sections 1 and 2 (encouragement of terrorism), |
| |
sections 5, 6 and 8 (preparation and training for terrorism), |
| |
sections 9, 10 and 11 (offences relating to radioactive devices and |
| |
material and nuclear facilities); |
| 45 |
(e) | an offence in respect of which there is jurisdiction by virtue of section |
| |
17 of that Act (extra-territorial jurisdiction in respect of certain offences |
| |
committed outside the United Kingdom for the purposes of terrorism |
| |
| |
|
| |
|