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Counter-Terrorism Bill


Counter-Terrorism Bill
Part 4 — Notification requirements

33

 

(a)   

is subject to the notification requirements in respect of another offence

(and does not cease to be so subject before the end of the period within

which notification is to be made), and

(b)   

has complied with this section in respect of that offence.

45      

Offences to which this Part applies: offences having a terrorist connection

5

(1)   

This Part applies to an offence listed in Schedule 2 as to which the court dealing

with the offence has determined, in accordance with—

(a)   

section 29 (sentences for offences with terrorist connection: England

and Wales), or

(b)   

section 30 (sentences for offences with terrorist connection: Scotland),

10

   

that the offence has a terrorist connection.

(2)   

A person to whom the notification requirements apply by virtue of such a

determination may appeal against it to the same court, and subject to the same

conditions, as an appeal against sentence.

(3)   

Where the notification requirements apply to a person by virtue of this section

15

and an order is made under section 31 removing the offence from Schedule 2,

the notification requirements cease to apply to that person in respect of that

offence when the order comes into force.

46      

Notification of changes

(1)   

A person to whom the notification requirements apply who uses a name that

20

has not previously been notified to the police must notify the police of that

name.

(2)   

If there is a change of the home address of a person to whom the notification

requirements apply, the person must notify the police of the new home

address.

25

(3)   

A person to whom the notification requirements apply who resides or stays at

premises in the United Kingdom the address of which has previously not been

notified to the police—

(a)   

for a period of 7 days, or

(b)   

for two or more periods, in any period of 12 months, that taken together

30

amount to 7 days,

   

must notify the police of the address of those premises.

(4)   

A person to whom the notification requirements apply who is released—

(a)   

from custody pursuant to an order of a court,

(b)   

from imprisonment or detention pursuant to a sentence of a court, or

35

(c)   

from detention in a hospital,

   

must notify the police of that fact.

(5)   

A person who is required to notify information within section 44(2)(h)

(prescribed information) must notify the police of the prescribed details of any

prescribed changes in a matter in relation to which the information must be

40

notified.

(6)   

In subsection (5) “prescribed” means prescribed by regulations made by the

Secretary of State.

   

Such regulations are subject to affirmative resolution procedure.

 
 

Counter-Terrorism Bill
Part 4 — Notification requirements

34

 

(7)   

Notification under this section must be made before the end of the period of

three days beginning with the day on which the event in question occurs.

   

Where subsection (3) applies that is the day with which the period referred to

in paragraph (a) or (b) (as the case may be) ends.

(8)   

In determining the period within which notification is to be made under this

5

section, there shall be disregarded any time when the person is—

(a)   

remanded in or committed to custody by an order of a court,

(b)   

serving a sentence of imprisonment or detention, or

(c)   

detained in a hospital.

(9)   

References in this section to previous notification are to previous notification

10

by the person under section 44 (initial notification) or this section.

(10)   

Notification under this section must be accompanied by re-notification of the

other information mentioned in section 44(2).

47      

Periodic re-notification

(1)   

A person to whom the notification requirements apply must, within the period

15

of one year after notifying the police in accordance with—

(a)   

section 44 (initial notification),

(b)   

section 46 (notification of change), or

(c)   

this section,

   

re-notify to the police the information mentioned in section 44(2).

20

(2)   

This does not apply if within that period the person has made a notification

under section 46 (notification of change).

(3)   

If the period referred to in subsection (1) would end at a time when the person

is—

(a)   

remanded in or committed to custody by an order of a court,

25

(b)   

serving a sentence of imprisonment or detention, or

(c)   

detained in a hospital,

   

the period is treated as continuing until the end of the period of three days

beginning with the day when that ceases to be the case.

48      

Method of notification and related matters

30

(1)   

This section applies to notification under—

(a)   

section 44 (initial notification),

(b)   

section 46 (notification of change), or

(c)   

section 47 (periodic re-notification).

(2)   

Notification must be made by the person—

35

(a)   

attending at a police station in the person’s local police area, and

(b)   

making an oral notification to a police officer or to a person authorised

for the purpose by the officer in charge of the station.

(3)   

A person making a notification under section 46 (notification of change) in

relation to premises referred to in subsection (3) of that section may make the

40

notification at a police station that would fall within subsection (2)(a) above if

the address of those premises were the person’s home address.

(4)   

The notification must be acknowledged.

 
 

Counter-Terrorism Bill
Part 4 — Notification requirements

35

 

(5)   

The acknowledgement must be in writing, and in such form as the Secretary of

State may direct.

(6)   

The person making the notification must, if requested to do so by the police

officer or person to whom the notification is made, allow the officer or person

to—

5

(a)   

take the person’s fingerprints,

(b)   

photograph any part of the person, or

(c)   

do both these things,

   

for the purpose of verifying the person’s identity.

(7)   

In the application of this section to Scotland, references to a police officer are to

10

be read as references to a constable.

49      

Meaning of “local police area”

(1)   

For the purposes of section 48(2) (method of notification) a person’s “local

police area” means—

(a)   

the police area in which the person’s home address is situated;

15

(b)   

in the absence of a home address, the police area in which the home

address last notified is situated;

(c)   

in the absence of a home address and of any such notification, the police

area in which the court was situated that last dealt with the person

(otherwise than on an appeal or reference to a higher court) in respect

20

of the offence by virtue of which the notification requirements apply.

(2)   

This section and section 48(2) apply in relation to Northern Ireland as if

Northern Ireland were a police area.

50      

Travel outside the United Kingdom

(1)   

The Secretary of State may by regulations make provision requiring a person

25

to whom the notification requirements apply who leaves the United

Kingdom—

(a)   

to notify the police of their departure before they leave, and

(b)   

to notify the police of their return if they subsequently return to the

United Kingdom.

30

(2)   

Notification of departure must disclose—

(a)   

the date on which the person intends to leave the United Kingdom;

(b)   

the country (or, if there is more than one, the first country) to which the

person will travel;

(c)   

the person’s point of arrival (determined in accordance with the

35

regulations) in that country;

(d)   

any other information required by the regulations that the person holds

as to—

(i)   

the person’s departure from or return to the United Kingdom,

or

40

(ii)   

the person’s movements while outside the United Kingdom.

(3)   

Notification of return must disclose such information as is required by the

regulations about the person’s return to the United Kingdom.

 
 

Counter-Terrorism Bill
Part 4 — Notification requirements

36

 

(4)   

Notification under this section must be given in accordance with the

regulations.

(5)   

Regulations under this section may make different provision for different

descriptions or categories of person.

(6)   

Regulations under this section are subject to affirmative resolution procedure.

5

Period for which notification requirements apply

51      

Period for which notification requirements apply

(1)   

The period for which the notification requirements apply is an indefinite

period in the case of a person who has been sentenced in respect of the

offence—

10

(a)   

in England and Wales to—

(i)   

imprisonment (or custody) for life,

(ii)   

imprisonment (or detention in a young offender institution) for

a term of 5 years or more,

(iii)   

imprisonment (or detention) for public protection under section

15

225 of the Criminal Justice Act 2003 (c. 44),

(iv)   

detention for a period or 5 years or more under section 91 of the

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(offenders under 18 convicted of certain serious offences),

(v)   

detention for public protection under section 226 of the

20

Criminal Justice Act 2003 (serious offences committed by

persons under 18), or

(vi)   

detention during Her Majesty's pleasure;

(b)   

in Scotland to—

(i)   

imprisonment for life,

25

(ii)   

imprisonment for a term of 5 years or more,

(iii)   

detention in a young offenders institution under section 205(3)

of the Criminal Procedure (Scotland) Act 1995 (c. 46)

(punishment for murder: young offenders),

(iv)   

detention in a young offenders institution for a period of 5 years

30

or more,

(v)   

detention for a period of 5 years or more under section 208 of

that Act (detention of children convicted on indictment), or

(vi)   

imprisonment under section 210A of that Act (extended

sentences for sex and violent offenders);

35

(c)   

in Northern Ireland to—

(i)   

imprisonment for life,

(ii)   

imprisonment for a term of 5 years or more,

(iii)   

detention during the pleasure of the Secretary of State under

Article 45(1) of the Criminal Justice (Children) (Northern

40

Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (punishment of

certain grave crimes committed by a child), or

(iv)   

detention for a period of 5 years or more under Article 45(2) of

that Order.

(2)   

In any other case the period for which the notification requirements apply is 10

45

years.

 
 

Counter-Terrorism Bill
Part 4 — Notification requirements

37

 

(3)   

The period begins with the day on which the person is dealt with for the

offence.

(4)   

If a person who is the subject of a finding within section 42(1)(b)(ii) or (iii),

(2)(b)(ii) or (iii) or (3)(b)(ii) or (iii) (finding of insanity, disability, etc) is

subsequently tried for the offence, the period resulting from that finding

5

ends—

(a)   

if the person is acquitted, at the conclusion of the trial;

(b)   

if the person is convicted, when the person is again dealt with in respect

of the offence.

(5)   

For the purposes of determining the length of the period—

10

(a)   

a person who has been sentenced in respect of two or more terrorism

offences to consecutive terms of imprisonment is treated as if

sentenced, in respect of each of the offences, to a term of imprisonment

equal to the aggregate of the terms; and

(b)   

a person who has been sentenced in respect of two or more such

15

offences to concurrent terms of imprisonment (X and Y) that overlap for

a period (Z) is treated as if sentenced, in respect of each of the offences,

to a term of imprisonment equal to X plus Y minus Z.

(6)   

In determining whether the period has expired, there shall be disregarded any

period when the person was—

20

(a)   

remanded in or committed to custody by an order of a court,

(b)   

serving a sentence of imprisonment or detention, or

(c)   

detained in a hospital.

Offences in relation to notification

52      

Offences relating to notification

25

(1)   

A person commits an offence who—

(a)   

fails without reasonable excuse to comply with—

section 44 (initial notification),

section 46 (notification of changes),

section 47 (periodic re-notification),

30

section 48(6) (taking of fingerprints or photographs), or

any regulations made under section 50(1) (travel outside United

Kingdom); or

(b)   

notifies to the police in purported compliance with—

section 44 (initial notification),

35

section 46 (notification of changes),

section 47 (periodic re-notification), or

any regulations made under section 50(1) (travel outside United

Kingdom),

   

any information that the person knows to be false.

40

(2)   

A person guilty of an offence under this section is liable—

(a)   

on summary conviction, to imprisonment for a term not exceeding 12

months or a fine not exceeding the statutory maximum or both;

(b)   

on conviction on indictment, to imprisonment for a term not exceeding

5 years or a fine or both.

45

 
 

Counter-Terrorism Bill
Part 4 — Notification requirements

38

 

(3)   

In the application of subsection (2)(a)—

(a)   

in England and Wales, in relation to an offence committed before the

commencement of section 154(1) of the Criminal Justice Act 2003, or

(b)   

in Northern Ireland,

   

for “12 months” substitute “6 months”.

5

(4)   

A person—

(a)   

commits an offence under subsection (1)(a) above on the day on which

the person first fails without reasonable excuse to comply with—

section 44 (initial notification),

section 46 (notification of changes),

10

section 47 (periodic re-notification), or

any regulations made under section 50(1) (travel outside United

Kingdom), and

(b)   

continues to commit it throughout any period during which the failure

continues.

15

   

But a person must not be prosecuted under subsection (1) more than once in

respect of the same failure.

(5)   

Proceedings for an offence under this section may be commenced in any court

having jurisdiction in any place where the person charged with the offence

resides or is found.

20

Supplementary provisions

53      

Notification orders

Schedule 4 makes provision for notification orders applying the notification

requirements of this Part to persons who have been dealt with outside the

United Kingdom in respect of a corresponding foreign offence.

25

54      

Foreign travel restriction orders

Schedule 5 makes provision for foreign travel restriction orders prohibiting

persons to whom the notification requirements apply from—

(a)   

travelling to a country outside the United Kingdom named or

described in the order,

30

(b)   

travelling to any country outside the United Kingdom other than a

country named or described in the order, or

(c)   

travelling to any country outside the United Kingdom.

55      

Minor definitions for Part 4

In this Part—

35

“country” includes a territory;

“detained in a hospital” means detained in a hospital under—

(a)   

Part 3 of the Mental Health Act 1983 (c. 20),

(b)   

Part 6 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or

the Mental Health (Care and Treatment) (Scotland) Act 2003

40

(asp 13), or

(c)   

Part 3 of the Mental Health (Northern Ireland) Order (S.I. 1986/

595 (N.I. 4));

 
 

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings

39

 

“home address” means, in relation to a person—

(a)   

the address of the person’s sole or main residence in the United

Kingdom, or

(b)   

where the person has no such residence, the address or location

of a place in the United Kingdom where the person can

5

regularly be found and, if there is more than one such place,

such one of those places as the person may select;

“hospital order”—

(a)   

in relation to England and Wales, has the same meaning as in

the Mental Health Act 1983 (c. 20),

10

(b)   

in relation to Scotland, means an order under Part 6 of the

Criminal Procedure (Scotland) Act 1995 (c. 46);

(c)   

in relation to Northern Ireland, has the same meaning as in the

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595

(N.I. 4));

15

“passport” means—

(a)   

a United Kingdom passport within the meaning of the

Immigration Act 1971 (c. 77), or

(b)   

a passport issued by or on behalf of the authorities of a country

outside the United Kingdom or by or on behalf of an

20

international organisation,

and includes any document that can be used (in some or all

circumstances) instead of a passport;

“photograph” includes any process by means of which an image may be

produced;

25

“release” from imprisonment or detention includes release on licence but

not temporary release,

Part 5

Asset freezing proceedings

Introductory

30

56      

Asset freezing proceedings

(1)   

In this Part “asset freezing proceedings” means proceedings in the High Court

or the Court of Session on an application to set aside an asset freezing decision.

   

The provisions of this Part apply in relation to such proceedings brought after

the commencement of this Part.

35

(2)   

An “asset freezing decision” means a decision of the Treasury—

(a)   

to give a direction for the purposes of a UN terrorism order having the

effect of applying prohibitions in the order—

(i)   

in relation to funds specified in the direction, or

(ii)   

in relation to a person specified in the direction,

40

(b)   

to refuse to grant a licence exempting acts from the prohibitions in the

order,

(c)   

to grant such a licence subject to conditions (or to particular conditions)

or subject to an expiry date (or to a particular expiry date), or

(d)   

to vary or revoke, or to refuse to vary, such a licence.

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