Counter-Terrorism Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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Material subject to the Terrorism Act 2000: England and Wales and Northern
Ireland
(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.
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(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—
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(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
(c)
for purposes related to the identification of a deceased person
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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
2008 applies,”.
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Material subject to the Terrorism Act 2000: Scotland
(1)
Part 1 of Schedule 8 to the Terrorism Act 2000 (treatment of detained persons)
is amended as follows.
(2)
In paragraph 20 (persons detained in Scotland: fingerprinting etc), in sub-
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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,
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the investigation of an offence or the conduct of a
prosecution.”.
(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
following modifications.
      (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,
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against—
(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

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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Evidence Act 1984 (c. 60) (checking of fingerprints and
samples), and
(c)
material to which section 18 of the Counter-Terrorism Act
2008 applies.”.
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Material not subject to existing statutory restrictions
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(1)
This section applies to—
(a)
DNA samples or profiles, or
(b)
fingerprints,

that are not held subject to existing statutory restrictions.
(2)
Material to which this section applies that is held by a law enforcement
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authority in England and Wales or Northern Ireland may be retained by that
authority and used—
(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
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(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—
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(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),
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(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).
(4)
In subsection (2)—
(a)
the reference to using material includes allowing a check to be made
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against it, or against information derived from it, or disclosing it to any
person;
(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
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United Kingdom), or
(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
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crime and a prosecution brought in respect of a crime in a country or
territory outside the United Kingdom.
(5)
In this section—
“DNA sample” means any material that has come from a human body
and consists of or includes human cells;
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“DNA profile” means any information derived from a DNA sample;

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Part 1 — Powers to gather and share information
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“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
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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
offences;
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“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;
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(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;
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(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
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(1)—
(a)
sections 63A and 64 of the Police and Criminal Evidence Act 1984
(c. 60);
(b)
Articles 63A and 64 of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));
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(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
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Disclosure and the intelligence services
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(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.
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(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.
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Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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(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
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(d)
for the purpose of any criminal proceedings.
(5)
Information obtained by GCHQ for the purposes of any of its functions may be
disclosed by it—
(a)
for the purpose of the proper discharge of its functions, or
(b)
for the purpose of any criminal proceedings.
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(6)
A disclosure under this section does not breach—
(a)
any obligation of confidence owed by the person making the
disclosure, or
(b)
any other restriction on the disclosure of information (however
imposed).
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(7)
The provisions of this section are subject to section 20 (savings and other
supplementary provisions).
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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.
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(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
2000 (c. 23).
(3)
The provisions of that section are without prejudice to any rule of law
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authorising the obtaining, use or disclosure of information by any of the
intelligence services.
(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
force.
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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
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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;

Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects
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(c)
in the case of GCHQ—
(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
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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.
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Part 2
Detention and questioning of terrorist suspects
Pre-charge detention
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Period of pre-charge detention
Schedule 1 to this Act contains amendments relating to the period for which a
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person may be detained under section 41 of the Terrorism Act 2000 (c. 11)
(arrest and detention of suspected terrorists).
Post-charge questioning
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Post-charge questioning: England and Wales
(1)
The following provisions apply in England and Wales.
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(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
prosecuted for it.
(3)
A constable may question a person about an offence where the person has been
sent for trial for the offence if—
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(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
be held in the case, and
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(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.
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(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
offence—
(a)
after the person has been charged with the offence or been officially
informed that they may be prosecuted for it, or
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Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects
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(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—

“; or
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
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sections in relation to a request made in the course of questioning under this
section.
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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
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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.
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(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.
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(6)
In this section “charged” means charged by the police.
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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
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section.
(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
offence—
(a)
after the person has been charged with the offence or been officially
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informed that they may be prosecuted for it, or
(b)
after the person has been sent for trial for the offence.

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(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-
paragraph (b) insert—

“; or
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
section.
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Post-charge questioning: meaning of “terrorism offence”
(1)
For the purposes of sections 23 to 25 (post-charge questioning) the following
are terrorism offences—
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(a)
an offence under any of the following provisions of the Terrorism Act
2000 (c. 11)—
sections 11 to 13 (offences relating to proscribed organisations),
sections 15 to 19, 21A and 21D (offences relating to terrorist
property),
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),
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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),
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paragraph 18 of Schedule 7 (offences in connection with port and
border controls);
(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
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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
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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);
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(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
etc);