Counter-Terrorism Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Schedule 3 — Forfeiture: consequential amendments
72

Schedule 3
Section 37

Forfeiture: consequential amendments
Proceeds of Crime (Northern Ireland) Order 1996 (S.I. 1996/1299 (N.I. 9))
1
In Article 5(3) of the Proceeds of Crime (Northern Ireland) Order 1996, after
“section 23” insert “or 23A”.
5
Terrorism Act 2000 (c. 11)
2
In section 54 of the Terrorism Act 2000, omit subsections (7) to (9).
3
In section 58 of that Act, omit subsections (5) to (7).
4
In section 119(1) of that Act for “sections 15 to 23” substitute “sections 15 to
23A”.
10
5     (1)
Schedule 4 to that Act is amended as follows.
      (2)
In paragraph 1—
(a)
in the definition of “forfeiture order” after “section 23” insert “or
23A”;
(b)
after the definition of “forfeited property” insert—
15
“relevant offence” means—
(a)
an offence under any of sections 15 to 18, or
(b)
an offence to which section 23A applies.”.
      (3)
In paragraph 2(1)(d) for “section 23(7)” substitute “section 23B(1)”.
      (4)
In paragraph 4(2)(c) for “section 23(7)” substitute “section 23B(1)”.
20
      (5)
In paragraph 5(1)(a) and (2)(a) for “an offence under any of sections 15 to 18”
substitute “a relevant offence”.
      (6)
In paragraph 6(4)(a) and (b) for “offences under any of sections 15 to 18”
substitute “relevant offences”.
      (7)
Omit the heading before paragraph 9.
25
      (8)
In paragraph 9(2)—
(a)
in the opening words, for “an offence under any of sections 15 to 18”
substitute “a relevant offence”;
(b)
in paragraphs (a), (b) and (c), for “an offence under any of those
sections” substitute “a relevant offence”.
30
      (9)
In paragraph 10(1)(a) for “an offence under any of sections 15 to 18”
substitute “a relevant offence”.
     (10)
In paragraph 12 after “section 23”, in each place where it occurs, insert “or
23A”.
     (11)
In paragraph 15—
35
(a)
in the definition of “forfeiture order” after “section 23” insert “or
23A”;
(b)
after the definition of “forfeited property” insert—
“relevant offence” means—
(a)
an offence under any of sections 15 to 18, or
40

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Schedule 3 — Forfeiture: consequential amendments
73

(b)
an offence to which section 23A applies.”.
     (12)
In paragraph 16(1)(c) and (4)(c) for “section 23(7)” substitute “section
23B(1)”.
     (13)
In paragraph 18(1)(a) and (2)(a) for “an offence under any of sections 15 to
18” substitute “a relevant offence”.
5
     (14)
In paragraph 19(3A)(a) and (b) for “offences under any of sections 15 to 18”
substitute “relevant offences”.
     (15)
Omit the heading before paragraph 23.
     (16)
In paragraph 23(2)—
(a)
in the opening words for “an offence under any of sections 15 to 18”
10
substitute “a relevant offence”;
(b)
in paragraphs (a), (b) and (c) for “an offence under any of those
sections” substitute “a relevant offence”.
     (17)
In paragraph 24(1)(a) for “an offence under any of sections 15 to 18”
substitute “a relevant offence”.
15
     (18)
In paragraph 26 after “section 23”, in each place where it occurs, insert “or
23A”.
     (19)
In paragraph 29—
(a)
in the definition of “forfeiture order” after “section 23” insert “or
23A”;
20
(b)
after the definition of “forfeited property” insert—
“relevant offence” means—
(a)
an offence under any of sections 15 to 18, or
(b)
an offence to which section 23A applies.”.
     (20)
In paragraph 30(1)(d) for “section 23(7)” substitute “section 23B(1)”.
25
     (21)
In paragraph 32(2)(c) for “section 23(7)” substitute “section 23B(1)”.
     (22)
In paragraph 33(1)(a) and (2)(a) for “an offence under any of sections 15 to
18” substitute “a relevant offence”.
     (23)
In paragraph 34(4)(a) and (b) for “offences under any of sections 15 to 18”
substitute “relevant offences”.
30
     (24)
In paragraph 38(4), in the definition of “prosecutor” for “an offence under
any of sections 15 to 18” substitute “a relevant offence”.
     (25)
Omit the heading before paragraph 39.
     (26)
In paragraph 39(2)—
(a)
in the opening words for “an offence under any of sections 15 to 18”
35
substitute “a relevant offence”;
(b)
in paragraphs (a), (b) and (c) for “an offence under any of those
sections” substitute “a relevant offence”.
     (27)
In paragraph 40(1)(a) for “an offence under any of sections 15 to 18”
substitute “a relevant offence”.
40
     (28)
In paragraph 42 after “section 23”, in each place where it occurs, insert “or
23A”.

Counter-Terrorism Bill
Schedule 4 — Notification orders
74

     (29)
In paragraph 45, in paragraph (a) of the definition of “forfeiture order” after
“section 23” insert “or 23A”.
6
In Schedule 8 to that Act, in paragraphs 8(4)(d), 17(3)(c) and 34(2)(c) after
“section 23” insert “or 23A”.
Proceeds of Crime Act 2002 (c. 29)
5
7     (1)
The Proceeds of Crime Act 2002 is amended as follows.
      (2)
In section 13(3)(d) after “section 23” insert “or 23A”.
      (3)
In section 82(e) after “section 23” insert “, 23A”.
      (4)
In section 97(3)(d) after “section 23” insert “or 23A”.
      (5)
In section 148(e) after “section 23” insert “, 23A”.
10
      (6)
In section 163(3)(d) after “section 23” insert “or 23A”.
      (7)
In section 230(e) after “section 23” insert “, 23A”.
Schedule 4
Section 53

Notification orders
Introductory
15
1
A “notification order” is an order applying the notification requirements of
this Part to a person who has been dealt with outside the United Kingdom
in respect of a corresponding foreign offence.
Corresponding foreign offences
2     (1)
A “corresponding foreign offence” means an act that—
20
(a)
constituted an offence under the law in force in a country outside the
United Kingdom, and
(b)
corresponds to an offence to which this Part applies.
      (2)
For this purpose an act punishable under the law in force in a country
outside the United Kingdom is regarded as constituting an offence under
25
that law however it is described in that law.
      (3)
An act corresponds to an offence to which this Part applies if—
(a)
it would have constituted an offence to which this Part applies by
virtue of section 39 if it had been done in any part of the United
Kingdom, or
30
(b)
it was, or took place in the course of, an act of terrorism or was done
for the purposes of terrorism.
      (4)
On an application for a notification order the condition in sub-paragraph
(3)(a) or (b) is to be taken to be met unless—
(a)
the defendant serves on the applicant, not later than rules of court
35
may provide, a notice—

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Schedule 4 — Notification orders
75

(i)
stating that, on the facts as alleged with respect to the act
concerned, the condition is not in the defendant’s opinion
met,
(ii)
showing the defendant’s grounds for that opinion, and
(iii)
requiring the applicant to prove that the condition is met; or
5
(b)
the court permits the defendant to require the applicant to prove that
the condition is met without service of such a notice.
      (5)
In the application of this paragraph in Scotland, for “defendant” substitute
“respondent”.
Conditions for making a notification order
10
3     (1)
The conditions for making a notification order in respect of a person are as
follows.
      (2)
The first condition is that under the law in force in a country outside the
United Kingdom—
(a)
the person has been convicted of a corresponding foreign offence
15
and has received in respect of the offence a sentence equivalent to a
sentence mentioned in section 42(1)(a), (2)(a) or (3)(a), or
(b)
a court exercising jurisdiction under that law has, in respect of a
corresponding foreign offence—
(i)
convicted the person or made a finding in relation to the
20
person equivalent to a finding mentioned in section
42(1)(b)(ii) or (iii), (2)(b)(ii) or (iii) or (3)(b)(ii) or (iii) (finding
of insanity or disability), and
(ii)
made the person subject to an order equivalent to a hospital
order.
25
      (3)
The second condition is that—
(a)
the sentence was imposed or order made after the commencement of
this Part, or
(b)
the sentence was imposed or order made before the commencement
of this Part and immediately before that time the person—
30
(i)
was imprisoned or detained in pursuance of the sentence or
order.
(ii)
had been released on licence or was subject to an equivalent
form of supervision, or
(iii)
was unlawfully at large.
35
      (4)
The third condition is that the period for which the notification requirements
would apply in respect of the offence (in accordance with section 51 as
modified by paragraph 10(2)(c)) has not expired.
      (5)
If on an application for a notification order it is proved that the conditions in
sub-paragraphs (2), (3) and (4) are met, the court must make the order.
40
Application for notification order
4     (1)
In England and Wales an application for a notification order in respect of a
person may only be made by a chief officer of police.
      (2)
An application may only be made if—
(a)
the person resides in the chief officer’s police area, or
45

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Schedule 4 — Notification orders
76

(b)
the chief officer believes that the person is in, or is intending to come
to, that area.
      (3)
The application must be made by complaint to a magistrates’ court whose
commission area includes any part of the chief officer’s police area.
5     (1)
In Scotland an application for a notification order in respect of a person may
5
only be made by a chief constable.
      (2)
An application may only be made if—
(a)
the person resides in the area of the chief constable’s police force, or
(b)
the chief constable believes that the person is in, or is intending to
come to, that area.
10
      (3)
The application must be made by summary application to a sheriff within
whose sheriffdom any part of the area of the chief constable’s police force
lies.
      (4)
A record of evidence is to be kept on any summary application under this
paragraph.
15
      (5)
Where the sheriff makes a notification order, the clerk of the court must give
a copy of the order to the respondent or send a copy to the respondent by
registered post or the recorded delivery service.
      (6)
An acknowledgement or certificate of delivery issued by the Post Office is
sufficient evidence of the delivery of the copy on the day specified in the
20
acknowledgement or certificate.
6     (1)
In Northern Ireland an application for a notification order in respect of a
person may only be made by the Chief Constable of the Police Service of
Northern Ireland.
      (2)
An application may only be made if—
25
(a)
the person resides in Northern Ireland, or
(b)
the Chief Constable believes that the person is in, or is intending to
come to, Northern Ireland.
      (3)
The application must be made by complaint under Part 8 of the Magistrates’
Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of
30
summary jurisdiction.
Appeals
7     (1)
In England and Wales the person against whom a notification order is made
may appeal against the making of the order.
      (2)
The appeal lies to the Crown Court.
35
8     (1)
In Scotland an interlocutor of the sheriff granting or refusing a notification
order is appealable.
      (2)
Where an appeal is taken against such an interlocutor, the interlocutor
continues in effect pending disposal of the appeal.
9     (1)
In Northern Ireland the person against whom a notification order is made
40
may appeal against the making of the order.
      (2)
The appeal lies to the county court.

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Schedule 5 — Foreign travel restriction orders
77

Effect of notification order
10    (1)
The effect of a notification order is that the notification requirements of this
Part apply to the person in respect of whom it is made.
      (2)
The relevant provisions of this Part apply with the following
modifications—
5
(a)
references to when an offence was dealt with, or a person was dealt
with in respect of an offence, are to the time at which the relevant
sentence or order was imposed or made by the foreign court;
(b)
for the purposes of section 44 (initial notification) the period within
which notification is to be made begins with the date of service of the
10
notification order;
(c)
in section 49 (meaning of “local police area”) the reference to the
court that last dealt with the person in respect of the offence by virtue
of which the notification requirements apply shall be read as a
reference to the court by which the notification order was made;
15
(d)
in section 51 (period for which notification requirements apply) a
reference to a sentence or order of any description is to be read as a
reference to an equivalent sentence or order of the foreign court.
Schedule 5
Section 54

Foreign travel restriction orders
20
Introductory
1
A foreign travel restriction order is an order prohibiting the person to whom
it applies from doing whichever of the following is specified in the order—
(a)
travelling to a country outside the United Kingdom named or
described in the order;
25
(b)
travelling to any country outside the United Kingdom other than a
country named or described in the order;
(c)
travelling to any country outside the United Kingdom.
Conditions for making a foreign travel restriction order
2     (1)
The conditions for making a foreign travel restriction order are as follows.
30
      (2)
The first condition is that the defendant is a person to whom the notification
requirements apply.
      (3)
The second condition is that, since being dealt with for the offence by virtue
of which those requirements apply, the person has acted in a way that gives
reasonable cause to believe it is necessary for a foreign travel restriction
35
order to be made to prevent the person from taking part in terrorism activity
outside the United Kingdom.
      (4)
If the defendant was dealt with for the offence before the commencement of
this Part, the condition in sub-paragraph (3) is not met unless the defendant
has acted in that way since the commencement of this Part.
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Schedule 5 — Foreign travel restriction orders
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      (5)
If on an application for a foreign travel restriction order the court is satisfied
that the conditions in sub-paragraphs (2) and (3) are met, it may make a
foreign travel restriction order.
      (6)
In the application of this paragraph in Scotland, for “defendant” substitute
“respondent”.
5
Application for foreign travel restriction order
3     (1)
In England and Wales an application for a foreign travel restriction order in
respect of a person may only be made by a chief officer of police.
      (2)
An application may only be made if—
(a)
the person resides in the chief officer’s police area, or
10
(b)
the chief officer believes that the person is in, or is intending to come
to, that area.
      (3)
The application must be made by complaint to a magistrates' court whose
commission area includes any part of the chief officer’s police area.
4     (1)
In Scotland an application for a foreign travel restriction order in respect of
15
a person may only be made by a chief constable.
      (2)
An application may only be made if—
(a)
the person resides in the area of the chief constable’s police force, or
(b)
the chief constable believes that the person is in, or is intending to
come to, that area.
20
      (3)
The application must be made by summary application to a sheriff within
whose sheriffdom any part of the area of the chief constable’s police force
lies.
      (4)
A record of evidence is to be kept on any such summary application.
      (5)
Where the sheriff makes a foreign travel restriction order, the clerk of the
25
court must give a copy of the order to the respondent or send a copy to the
respondent by registered post or the recorded delivery service.
      (6)
An acknowledgement or certificate of delivery issued by the Post Office is
sufficient evidence of the delivery of the copy on the day specified in the
acknowledgement or certificate.
30
5     (1)
In Northern Ireland an application for a foreign travel restriction order in
respect of a person may only be made by the Chief Constable of the Police
Service of Northern Ireland.
      (2)
An application may only be made if—
(a)
the person resides in Northern Ireland, or
35
(b)
the Chief Constable believes that the person is in, or is intending to
come to, Northern Ireland.
      (3)
The application must be made by complaint under Part 8 of the Magistrates’
Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of
summary jurisdiction.
40