Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 7 — Miscellaneous
51

Control orders
71
Control orders: powers of entry and search
(1)
After section 7 of the Prevention of Terrorism Act 2005 (c. 2) insert—
“7A
Powers of entry and search: absconding
(1)
If a constable reasonably suspects that the controlled person has
5
absconded, the constable may enter (if necessary by force) and search
premises to which this section applies—
(a)
for the purpose of determining whether the person has
absconded;
(b)
if it appears that the person has absconded, for material that
10
may assist in the pursuit and arrest of the controlled person.
(2)
The premises to which this section applies are—
(a)
the controlled person’s place of residence;
(b)
any other premises to which the controlled person is, or at any
time has been, required to grant access in accordance with an
15
obligation imposed by or under a control order.
7B
Powers of entry and search: failure to grant access to premises
(1)
This section applies where a constable reasonably suspects that the
controlled person is not granting access to premises, as required by an
obligation imposed by or under the control order, at a time when the
20
controlled person is required, by an obligation so imposed, to be at
those premises.
(2)
The constable may enter (if necessary by force) and search the
premises—
(a)
for the purpose of determining whether any of the obligations
25
imposed by or under the control order have been contravened;
(b)
if it appears that an obligation has been contravened, for
material that may assist in the investigation of the
contravention.
7C
Powers of entry and search: monitoring compliance with order
30
(1)
A constable may apply for the issue of a warrant under this section for
the purposes of determining whether the controlled person is
complying with the obligations imposed by or under a control order.
(2)
The application must be made—
(a)
in England and Wales, to a justice of the peace;
35
(b)
in Scotland, to the sheriff;
(c)
in Northern Ireland, to a lay magistrate.
(3)
A warrant under this section shall authorise any constable to enter (if
necessary by force) and search premises to which this section applies
that are specified in the warrant.
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(4)
The premises to which this section applies are—
(a)
the controlled person’s place of residence;

Counter-Terrorism Bill
Part 7 — Miscellaneous
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(b)
any other premises to which the controlled person is, or at any
time has been, required to grant access in accordance with an
obligation imposed by or under a control order.
(5)
An application under this section may only be granted if the justice of
the peace, the sheriff or the lay magistrate is satisfied that the issue of
5
the warrant is necessary for the purposes of determining whether the
controlled person is complying with the obligations imposed by or
under the control order.”.
(2)
In section 9 of that Act (offences)—
(a)
after subsection (3) insert—
10
“(3A)
A person who intentionally obstructs the exercise by a constable
of a power conferred by section 7A or 7B or by a warrant under
section 7C commits an offence.”;
(b)
in subsection (7) after “subsection (3)” insert “or (3A)”.
(3)
These amendments have effect as from the commencement of this section and
15
apply regardless of when the control order was made.
72
Control orders: meaning of involvement in terrorism-related activity
(1)
In section 1(9) of the Prevention of Terrorism Act 2005 (c. 2) (meaning of
involvement in terrorism-related activity), in paragraph (d), for “to be involved
in terrorism-related activity” substitute “by the individual concerned to be
20
involved in conduct falling within paragraphs (a) to (c)”.
(2)
This amendment shall be deemed always to have had effect.
73
Time allowed for representations by controlled person
(1)
Section 3 of the Prevention of Terrorism Act 2005 (supervision by court of
making of non-derogating control orders) is amended as follows.
25
(2)
In subsection (7) (opportunity for individual to make representations about
directions given by the court), omit “within 7 days of the court’s giving
permission or (as the case may be) making its determination on the reference”.
(3)
After that subsection insert—
“(7A)
The individual must be given the opportunity to make those
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representations—
(a)
in the case of directions under subsection (2)(c), within 7 days of
notice of the terms of the control order being delivered to the
individual in accordance with section 7(8);
(b)
in the case of directions given under subsection (6)(b) or (c),
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within 7 days of the court making its determination on the
reference.”.
(4)
These amendments apply in relation to control orders made after this section
comes into force.

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Part 7 — Miscellaneous
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74
Application for anonymity for controlled person
(1)
In the Schedule to the Prevention of Terrorism Act 2005 (c. 2) (control order
proceedings etc), paragraph 5 (application for anonymity for controlled
person) is amended as follows.
(2)
In sub-paragraph (1)(a) omit “, at any time after a control order has been
5
made,”.
(3)
After sub-paragraph (3) insert—
    “(4)
In relation to a time before the control order has been made
references in this paragraph to “the controlled person” shall be read
as references to the person in respect of whom the Secretary of State
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has made an application to the court for (as the case may be)—
(a)
permission to make a non-derogating control order under
section 3(1)(a), or
(b)
the making of a derogating control order under section 4(1).”.
(4)
These amendments shall be deemed always to have had effect.
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Forfeiture of terrorist cash
75
Forfeiture of terrorist cash: determination of period for which cash may be
detained
(1)
Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (c. 24) (forfeiture
of terrorist cash) is amended as follows.
20
(2)
In paragraph 3 (detention of seized cash), after sub-paragraph (1) (which
specifies the period for which cash seized may initially be detained) insert—
   “(1A)
In determining the period of 48 hours specified in sub-paragraph (1)
there shall be disregarded—
(a)
any Saturday or Sunday;
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(b)
Christmas Day;
(c)
Good Friday;
(d)
any day that is a bank holiday under the Banking and
Financial Dealings Act 1971 in the part of the United
Kingdom in which the cash is seized;
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(e)
any day prescribed under section 8(2) of the Criminal
Procedure (Scotland) Act 1995 as a court holiday in the sheriff
court district in which the cash is seized.”.
(3)
In paragraphs 4(1) and 10(2) (which refer to the period specified in paragraph
3(1)), after “48 hours” insert “(determined in accordance with paragraph
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3(1A))”.
(4)
The amendments in this section apply in relation to cash seized after this
section comes into force.
76
Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings
(1)
In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 (forfeiture of
40

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Part 7 — Miscellaneous
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terrorist cash), for paragraph 7 (appeal against forfeiture) substitute—
“Appeal against decision in forfeiture proceedings
7     (1)
A party to proceedings for an order under paragraph 6 (“a forfeiture
order”) who is aggrieved by a forfeiture order made in the
proceedings or by the decision of the court or sheriff not to make a
5
forfeiture order may appeal—
(a)
in England and Wales, to the Crown Court;
(b)
in Scotland, to the sheriff principal;
(c)
in Northern Ireland, to a county court.
      (2)
The appeal must be brought before the end of the period of 30 days
10
beginning with the date on which the order is made or, as the case
may be, the decision is given.

This is subject to paragraph 7A (extended time for appealing in
certain cases of deproscription).
      (3)
The court or sheriff principal hearing the appeal may make any order
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that appears to the court or sheriff principal to be appropriate.
      (4)
If an appeal against a forfeiture order is upheld, the court or sheriff
principal may order the release of the cash.
Extended time for appealing in certain cases where deproscription order made
7A    (1)
This paragraph applies where—
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(a)
a successful application for a forfeiture order relies (wholly or
partly) on the fact that an organisation is proscribed,
(b)
an application under section 4 of the Terrorism Act 2000 for a
deproscription order in respect of the organisation is refused
by the Secretary of State,
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(c)
the forfeited cash is seized under this Schedule on or after the
date of the refusal of that application,
(d)
an appeal against that refusal is allowed under section 5 of
that Act,
(e)
a deproscription order is made accordingly, and
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(f)
if the order is made in reliance on section 123(5) of that Act, a
resolution is passed by each House of Parliament under
section 123(5)(b).
      (2)
Where this paragraph applies, an appeal under paragraph 7 above
against the forfeiture order may be brought at any time before the
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end of the period of 30 days beginning with the date on which the
deproscription order comes into force.
      (3)
In this paragraph a “deproscription order” means an order under
section 3(3)(b) or (8) of the Terrorism Act 2000.”.
(2)
This amendment applies where the order or decision of the court or sheriff
40
against which the appeal is brought is made or given after this section comes
into force.