Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

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.
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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.
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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.
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(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
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(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).
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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).
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(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,
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(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.
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Method of notification and related matters
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(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—
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(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.

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Part 4 — Notification requirements
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(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.
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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.
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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
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(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.

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Part 4 — Notification requirements
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(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
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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);
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(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
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years.

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Part 4 — Notification requirements
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(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.
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Counter-Terrorism Bill
Part 4 — Notification requirements
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(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—
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“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
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“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
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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.
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(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,
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(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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