Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Schedule 1 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
66

to approve the decision of the Secretary of State to make the
reserve power available, the reserve power ceases to be available
after the date on which the motion is negatived.
      (4)
When the reserve power ceases to be available, the officer having
custody of a person whose detention—
5
(a)
was authorised by virtue of that power, and
(b)
is not otherwise authorised by law,

must release that person immediately.
      (5)
The cessation of the availability of the reserve power under this
paragraph does not affect the validity of anything previously done
10
by virtue of that power.
Independent review and report
46    (1)
After the end of any period during which the reserve power was
available, the person appointed under section 36 of the Terrorism
Act 2006 (review of terrorism legislation) must—
15
(a)
carry out a review in accordance with this paragraph, and
(b)
send a report on the outcome of the review to the Secretary
of State.
      (2)
The review must consider—
(a)
whether before making the order declaring the reserve
20
power to be available the Secretary of State received a
report complying with the requirements of paragraph 39,
and
(b)
what information was before the Secretary of State as to the
matters mentioned in the statement laid before Parliament
25
under paragraph 41,

and the report must state whether in the opinion of the person
carrying out the review the decision of the Secretary of State to
make the order was, in all the circumstances, reasonable.
      (3)
The review must consider the case of every person who was
30
detained in pursuance of a warrant of further detention in which
the specified period was extended beyond the period that could be
authorised on an application under paragraph 36.
      (4)
The report must state with respect to each case whether in the
opinion of the person carrying out the review—
35
(a)
the procedures applicable to an application under
paragraph 42 were properly followed, and
(b)
the requirements of—
(i)
Parts 1 and 2 of this Schedule (treatment of
detained persons and review of detention), and
40
(ii)
any applicable code of practice under section 66 of
the Police and Criminal Evidence Act 1984 or
Article 65 of the Police and Criminal Evidence
(Northern Ireland) Order 1989,

were complied with.
45

Counter-Terrorism Bill
Schedule 1 — Amendments relating to period of pre-charge detention
Part 2 — Consequential amendments
67

      (5)
The Secretary of State may pay the expenses of a person who
conducts a review under this paragraph and also such allowances
as the Secretary of State determines.
      (6)
The report under this paragraph relating to any period during
which the reserve power was available must be sent to the
5
Secretary of State not later than six months after the power ceased
to be available.
      (7)
On receiving a report under this paragraph, the Secretary of State
must lay a copy of it before Parliament.”.
Part 2
10
Consequential amendments
Prosecution of Offences Act 1985
2     (1)
Section 1(6) and (7) of the Prosecution of Offences Act 1985 (c. 23) have effect
in relation to the making of an application under paragraph 42 of Schedule
8 to the Terrorism Act 2000 (c. 11) (a “paragraph 42 application”) subject to
15
the following provisions.
      (2)
Section 1(6) (Crown Prosecutor to have powers of Director as to the
institution and conduct of proceedings) does not authorise the making of a
paragraph 42 application by a Crown Prosecutor without the consent of the
Director.
20
      (3)
Section 1(7) (power of Crown Prosecutor to give consent etc in place of
Director) applies only to a Crown Prosecutor authorised by the Director in
person to give consent for the purposes of paragraph 42 applications.
Terrorism Act 2000
3
In section 41(6), (7) and (8) of the Terrorism Act 2000 for “or 36” substitute “,
25
36 or 42”.
4
In section 123 of that Act (orders and regulations), after subsection (9)
insert—
“(10)
Subsections (2) to (7) do not apply to an order under paragraph 40 of
Schedule 8.”.
30
5
In paragraph 29(3) of Schedule 8 to that Act for “paragraph 36” substitute
“paragraphs 36 and 42”.
6
For paragraph 36 of that Schedule (extension of warrants) substitute—
“Extension of specified period
36    (1)
Each of the following—
35
(a)
in England and Wales, a Crown Prosecutor,
(b)
in Scotland, the Lord Advocate or a procurator fiscal,
(c)
in Northern Ireland, the Director of Public Prosecutions for
Northern Ireland,
(d)
in any part of the United Kingdom, a police officer of at
40
least the rank of superintendent,

Counter-Terrorism Bill
Schedule 1 — Amendments relating to period of pre-charge detention
Part 2 — Consequential amendments
68


may apply under this paragraph for the extension of the period
specified in a warrant of further detention.
      (2)
An application under this paragraph may be made to a judicial
authority if—
(a)
the grant of the application (otherwise than in accordance
5
with sub-paragraph (4)(b)) would extend that period to a
time that is no more than 14 days after the relevant time,
and
(b)
no application has previously been made to a senior judge
in respect of that period.
10

In any other case an application under this paragraph must be
made to a senior judge.
      (3)
Subject to sub-paragraph (4), the period by which the specified
period is extended on an application under this paragraph shall be
the period—
15
(a)
beginning with—
(i)
in the case of a warrant specifying a period that has
not previously been extended, the end of the period
specified in the warrant, and
(ii)
in any other case, the end of the period for which
20
the period specified in the warrant was last
extended; and
(b)
ending with the earlier of—
(i)
the end of the period of 7 days beginning with that
time, or
25
(ii)
the end of the period of 28 days beginning with the
relevant time.
      (4)
A judicial authority or senior judge may extend the period
specified in a warrant by a shorter period than is required by sub-
paragraph (3) if—
30
(a)
the application for the extension is an application for an
extension by a period that is shorter than is so required, or
(b)
the judicial authority or senior judge is satisfied that there
are circumstances that would make it inappropriate for the
period of the extension to be as long as the period so
35
required.
      (5)
Where the specified period is extended, the warrant must be
endorsed with a note stating the new specified period.
Extension of specified period: supplementary provisions
36A   (1)
Paragraphs 30(3) and 31 to 34 apply to an application under
40
paragraph 36 as they apply to an application for a warrant of
further detention.
      (2)
In relation to an application made to a senior judge they apply—
(a)
as if references to a judicial authority were to a senior
judge, and
45
(b)
as if references to the judicial authority in question were to
the senior judge in question.

Counter-Terrorism Bill
Schedule 1 — Amendments relating to period of pre-charge detention
Part 2 — Consequential amendments
69

      (3)
A judicial authority or senior judge may adjourn the hearing of an
application under paragraph 36 only if the hearing is adjourned to
a date before the end of the period specified in the warrant.

This does not apply to an adjournment under paragraph 33(2).
      (4)
In paragraph 36 “the relevant time”, in relation to a person,
5
means—
(a)
the time of that person’s arrest under section 41, or
(b)
if that person was being detained under Schedule 7 at the
time of that person’s arrest under section 41, the time when
that person’s examination under that Schedule began.
10
      (5)
In this Part of this Schedule “senior judge” means—
(a)
in England and Wales—
(i)
a judge of the High Court, or
(ii)
a circuit judge designated for the purposes of
paragraph 36 by the Lord Chief Justice of England
15
and Wales;
(b)
in Scotland—
(i)
a judge of the High Court of Justiciary, or
(ii)
the sheriff;
(c)
in Northern Ireland—
20
(i)
a judge of the High Court, or
(ii)
a county court judge designated for the purposes of
paragraph 36 by the Lord Chief Justice of Northern
Ireland.
      (6)
The Lord Chief Justice may nominate a judicial office holder (as
25
defined in section 109(4) of the Constitutional Reform Act 2005) to
exercise the functions conferred on the Lord Chief Justice by sub-
paragraph (4)(a).
      (7)
The Lord Chief Justice of Northern Ireland may nominate any of
the following to exercise the functions conferred on the Lord Chief
30
Justice by sub-paragraph (4)(c)—
(a)
the holder of one of the offices listed in Schedule 1 to the
Justice (Northern Ireland) Act 2002;
(b)
a Lord Justice of Appeal (as defined in section 88 of that
Act).”.
35
Terrorism Act 2006
7     (1)
Section 25 of the Terrorism Act 2006 (c. 11) (expiry or renewal of extended
maximum detention period) is amended as follows.
      (2)
In the heading for “extended” substitute “28 day”.
      (3)
In subsection (3)(b) for “paragraph 37” substitute “paragraphs 36A and 37”.
40
      (4)
For subsection (4) substitute—
“(4)
The further consequential modifications are—
(a)
the substitution for paragraph 36(2) of—
    “(2)
The person to whom an application under this paragraph
may be made is a judicial authority.”;
45

Counter-Terrorism Bill
Schedule 2 — Offences where terrorist connection to be considered
70

(b)
the omission of the words “or senior judge” wherever
occurring in paragraphs 36(4), 36A(3) and 37(2); and
(c)
the omission of paragraph 36A(2) and (5).”.
Schedule 2
Sections 29, 30, 33, 31 and 45

Offences where terrorist connection to be considered
5
Common law offences

Murder.

Manslaughter.

Culpable homicide.

Kidnapping.
10

Abduction.
Statutory offences

An offence under any of the following sections of the Offences against the
Person Act 1861 (c. 100)—
(a)
section 4 (soliciting murder),
15
(b)
section 23 (maliciously administering poison etc so as to endanger
life or inflict grievous bodily harm),
(c)
section 28 (causing bodily injury by explosives),
(d)
section 29 (using explosives etc with intent to do grievous bodily
harm),
20
(e)
section 30 (placing explosives with intent to do bodily injury),
(f)
section 64 (making or having gunpowder etc with intent to commit
or enable any person to commit any felony mentioned in the Act).

An offence under any of the following sections of the Explosive Substances
Act 1883 (c. 3)—
25
(a)
section 2 (causing explosion likely to endanger life or property),
(b)
section 3 (attempt to cause explosion or making or keeping explosive
with intent to endanger life or property),
(c)
section 4 (making or possession of explosive under suspicious
circumstances),
30
(d)
section 5 (punishment of accessories).

An offence under section 1 of the Biological Weapons Act 1974 (c. 6)
(restriction on development etc of certain biological agents and toxins and of
biological weapons).

An offence under section 1 of the Taking of Hostages Act 1982 (c. 28)
35
(hostage-taking).

An offence under any of the following sections of the Aviation Security Act
1982 (c. 36)—
(a)
section 1 (hijacking),
(b)
section 2 (destroying, damaging or endangering safety of aircraft),
40

Counter-Terrorism Bill
Schedule 2 — Offences where terrorist connection to be considered
71

(c)
section 3 (other acts endangering or likely to endanger safety of
aircraft),
(d)
section 4 (offences in relation to certain dangerous articles).
(e)
section 6(2) (inducing or assisting commission of offence under
section 1, 2 or 3 outside the United Kingdom).
5

An offence under any of the following sections of the Nuclear Material
(Offences) Act 1983 (c. 18)—
(a)
section 1B (offences relating to damage to the environment),
(b)
section 1C (offences of importing or exporting etc nuclear materials:
extended jurisdiction),
10
(c)
section 2 (offences involving preparatory acts and threats), so far as
relating to an offence specified in this Schedule.

An offence under any of the following sections of the Aviation and Maritime
Security Act 1990 (c. 31)—
(a)
section 1 (endangering safety at aerodromes),
15
(b)
section 9 (hijacking of ships),
(c)
section 10 (seizing or exercising control of fixed platforms),
(d)
section 11 (destroying ships or fixed platforms or endangering their
safety),
(e)
section 14(4) (inducing or assisting the commission of an offence
20
outside the United Kingdom), so far as relating to an offence under
section 9 or 11 of that Act.

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I.
1994/570) (offences against the safety of channel tunnel trains and the tunnel
system).
25

An offence under any of the following sections of the Chemical Weapons Act
1996 (c. 6)—
(a)
section 2 (use etc of chemical weapons),
(b)
section 11 (premises or equipment for producing chemical weapons).

An offence under any of the following sections of the Anti-Terrorism, Crime
30
and Security Act 2001 (c. 24)—
(a)
section 47 (use etc of nuclear weapons),
(b)
section 113 (use of noxious substances or things), as that section
applies to conduct in the United Kingdom,
(c)
section 114 (hoaxes involving noxious substances or things).
35
Ancillary offences

An offence of—
(a)
aiding, abetting, counselling, procuring or inciting the commission
of an offence specified in this Schedule,
(b)
conspiring to commit an offence specified in this Schedule, or
40
(c)
attempting to commit an offence specified in this Schedule.

An offence under Part 2 of the Serious Crime Act 2007 (c. 27) (encouraging
or assisting crime) in relation to an offence specified in this Schedule.