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Provisions of a foreign travel restriction order |
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6 (1) | A foreign travel restriction order may prohibit the person to whom it |
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(a) | from travelling to any country outside the United Kingdom named |
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or described in the order; or |
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(b) | from travelling to any country outside the United Kingdom other |
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than a country named or described in the order; or |
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(c) | from travelling to any country outside the United Kingdom. |
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(2) | The order must only impose such prohibitions as are necessary for the |
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purpose of preventing the person from taking part in terrorism activity |
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outside the United Kingdom. |
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(3) | A foreign travel restriction order containing a prohibition within sub- |
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paragraph (1)(c) must require the person to whom it applies to surrender all |
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that person’s passports, at a police station specified in the order— |
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(a) | on or before the date when the prohibition takes effect, or |
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(b) | within a period specified in the order. |
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(4) | Any passports surrendered must be returned as soon as reasonably |
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practicable after the person ceases to be subject to a foreign travel restriction |
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order containing such a prohibition. |
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Duration of foreign travel restriction order |
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7 (1) | A foreign travel restriction order has effect for a fixed period of not more |
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(2) | The period must be specified in the order. |
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(3) | A foreign travel order ceases to have effect if a court (whether the same or |
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another court) makes another foreign travel restriction order in relation to |
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the person to whom the earlier order applies. |
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Variation, renewal or discharge of order |
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8 (1) | In England and Wales an application for an order varying, renewing or |
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discharging a foreign travel restriction order may be made by— |
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(a) | the person subject to the order; |
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(b) | the chief officer of police on whose application the order was made; |
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(c) | the chief officer of police for the area in which the person subject to |
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(d) | a chief officer of police who believes that the person subject to the |
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order is in, or is intending to come to, the officer’s police area. |
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(2) | The application must be made by complaint to— |
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(a) | a magistrates’ court for the same area as the court that made the |
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(b) | a magistrates’ court for the area in which the person subject to the |
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(c) | where the application is made by a chief officer of police, any |
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magistrates’ court whose commission area includes any part of that |
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chief officer’s police area. |
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(3) | On an application under this paragraph the court may make such order |
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varying, renewing or discharging the foreign travel restriction order as it |
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(4) | Before doing so it must hear the person making the application and (if they |
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wish to be heard) the other persons mentioned in sub-paragraph (1). |
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9 (1) | In Scotland an application for an order varying, renewing or discharging a |
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foreign travel restriction order may be made by— |
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(a) | the person subject to the order; |
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(b) | the chief constable on whose application the order was made; |
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(c) | the chief constable in the area of whose police force the person |
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subject to the order resides; or |
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(d) | a chief constable who believes that the person subject to the order is |
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in, or is intending to come to, the area of that chief constable’s police |
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(2) | The application must be made by summary application— |
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(a) | to the sheriff who made the order, or |
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(i) | within whose sheriffdom the person subject to the order |
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(ii) | where the application is made by a chief constable, within |
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whose sheriffdom any part of the area of the chief constable’s |
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(3) | A record of evidence is to be kept on any summary application under this |
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(4) | On an application under this paragraph the sheriff may make such order |
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varying, renewing or discharging the foreign travel restriction order as the |
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sheriff considers appropriate. |
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(5) | Before doing so the sheriff must hear the person making the application and |
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(if they wish to be heard) the other persons mentioned in sub-paragraph (1). |
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10 (1) | In Northern Ireland an application for an order varying, renewing or |
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discharging a foreign travel restriction order may be made by— |
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(a) | the person subject to the order; or |
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(b) | the Chief Constable of the Police Service of Northern Ireland. |
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(2) | The application must be made by complaint under Part 8 of the Magistrates’ |
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Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) to a court of |
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summary jurisdiction for the petty sessions district which includes the area |
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where the person subject to the order resides. |
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(3) | On an application under this paragraph the court may make such order |
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varying, renewing or discharging the foreign travel restriction order as it |
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(4) | It may do so only after hearing the person making the application and (if |
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they wish to be heard) the other person mentioned in sub-paragraph (1). |
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Provisions of renewed or varied order |
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11 (1) | A foreign travel restriction order may be renewed, or varied so as to impose |
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additional prohibitions, but only if it is necessary to do so for the purpose of |
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preventing the person subject to the order from taking part in terrorism |
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activities outside the United Kingdom. |
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(2) | Any renewed or varied order must contain only the prohibitions necessary |
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12 (1) | In England and Wales— |
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(a) | a person against whom a foreign travel restriction order is made may |
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appeal against the making of the order; |
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(b) | a person subject to a foreign travel restriction order may appeal |
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(i) | an order under paragraph 8 varying or renewing the order, |
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(ii) | a refusal to make an order under that paragraph varying or |
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(2) | The appeal lies to the Crown Court. |
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(3) | On an appeal under this paragraph the court may make— |
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(a) | such orders as it considers necessary to give effect to its |
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determination of the appeal, and |
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(b) | such incidental and consequential orders as appear to it to be just. |
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13 (1) | In Scotland an interlocutor of the sheriff granting or refusing a foreign travel |
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restriction order, or an order under paragraph 9 (variation, renewal or |
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discharge of foreign travel restriction order), is appealable. |
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(2) | Where an appeal is taken against such an interlocutor, the interlocutor |
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continues in effect pending disposal of the appeal. |
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14 (1) | In Northern Ireland— |
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(a) | a person against whom a foreign travel restriction order is made may |
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appeal against the making of the order; |
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(b) | a person subject to a foreign travel restriction order may appeal |
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(i) | an order under paragraph 10 varying or renewing the order, |
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(ii) | a refusal to make an order under that paragraph varying or |
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(2) | The appeal lies to the county court. |
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(3) | On an appeal under this paragraph the court may make— |
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(a) | such orders as it considers necessary to give effect to its |
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determination of the appeal, and |
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(b) | such incidental and consequential orders as appear to it to be just. |
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Breach of foreign travel order an offence |
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15 (1) | A person commits a offence who, without reasonable excuse, does anything |
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they are prohibited from doing by a foreign travel order. |
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(2) | A person guilty of an offence under this section is liable— |
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(a) | on summary conviction, to imprisonment for a term not exceeding 12 |
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months or a fine not exceeding the statutory maximum or both; |
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(b) | on conviction on indictment, to imprisonment for a term not |
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exceeding 5 years or a fine or both. |
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(3) | In the application of sub-paragraph (2)(a)— |
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(a) | in England and Wales, in relation to an offence committed before the |
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commencement of section 154(1) of the Criminal Justice Act 2003 |
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| for “12 months” substitute “6 months”. |
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(4) | Where a person is convicted of an offence under this paragraph, it is not |
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open to the court by or before which they are convicted— |
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(a) | in England and Wales or Northern Ireland, to make an order for |
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conditional discharge in respect of the offence; |
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(b) | in Scotland, to make a probation order in respect of the offence. |
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Meaning of “terrorism activity” |
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16 | In this Schedule “terrorism activity” means anything that— |
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(a) | if done in any part of the United Kingdom, would constitute an |
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offence to which this Part applies by virtue of section 39, or |
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(b) | is, or takes place in the course of, an act of terrorism or is for the |
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| | | | | | Terrorism Act 2006 (c. 11) |
| | | | | | (a) | in subsection (2), the words “each of” |
| | | | | | | | | | (b) | subsections (6) to (10). |
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Retention and use of fingerprints and samples |
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| | | | | | Terrorism Act 2000 (c. 11) |
| In Schedule 8, paragraph 14(3). |
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