Counter-Terrorism Bill

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House of Commons

Session 2007 - 08
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Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill

EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Home Office, are published separately
as Bill 63—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Jacqui Smith has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Counter-Terrorism Bill are compatible with the
Convention rights.

Bill 63
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Counter-Terrorism Bill

Contents
Part 1
Powers to gather and share information
Power to remove documents for examination
1
Power to remove documents for examination
2
Offence of obstruction
3
Items subject to legal privilege
4
Record of removal
5
Retention of documents
6
Access to documents
7
Photographing and copying of documents
8
Return of documents
9
Power to remove documents: supplementary provisions
Power to take fingerprints and samples from person subject to control order
10
Power to take fingerprints and samples: England and Wales
11
Power to take fingerprints and samples: Scotland
12
Power to take fingerprints and samples: Northern Ireland
13
Power to take fingerprints and samples: transitional provision
Retention and use of fingerprints and samples
14
Material subject to the Police and Criminal Evidence Act 1984
15
Material subject to the Police and Criminal Evidence (Northern Ireland)
Order 1989
16
Material subject to the Terrorism Act 2000: England and Wales and Northern
Ireland
17
Material subject to the Terrorism Act 2000: Scotland
18
Material not subject to existing statutory restrictions
Disclosure of information and the intelligence services
19
Disclosure and the intelligence services
20
Disclosure and the intelligence services: supplementary provisions
21
Disclosure and the intelligence services: interpretation

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Counter-Terrorism Bill
ii

Part 2
Detention and questioning of terrorist suspects
Pre-charge detention
22
Period of pre-charge detention
Post-charge questioning
23
Post-charge questioning: England and Wales
24
Post-charge questioning: Scotland
25
Post-charge questioning: Northern Ireland
26
Post-charge questioning: meaning of “terrorism offence”
Part 3
Prosecution and punishment of terrorist offences
Jurisdiction
27
Jurisdiction to try offences committed in the UK
Consent to prosecution
28
Consent to prosecution of offence committed outside UK
Sentencing
29
Sentences for offences with a terrorist connection: England and Wales
30
Sentences for offences with a terrorist connection: Scotland
31
Power to amend list of offences where terrorist connection to be considered
Forfeiture
32
Forfeiture: terrorist property offences
33
Forfeiture: other terrorism offences and offences with a terrorist connection
34
Forfeiture: supplementary provisions
35
Forfeiture: application of proceeds to compensate victims
36
Forfeiture: other amendments
37
Forfeiture: consequential amendments
Part 4
Notification requirements
Introductory
38
Scheme of this Part
Offences to which this Part applies
39
Offences to which this Part applies: terrorism offences
40
Exclusion of offences dealt with by service courts

Counter-Terrorism Bill
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41
Offences dealt with before commencement
Persons to whom the notification requirements apply
42
Sentences or orders triggering notification requirements
43
Power to amend specified terms or periods of imprisonment or detention
Notification requirements
44
Initial notification
45
Offences to which this Part applies: offences having a terrorist connection
46
Notification of changes
47
Periodic re-notification
48
Method of notification and related matters
49
Meaning of “local police area”
50
Travel outside the United Kingdom
Period for which notification requirements apply
51
Period for which notification requirements apply
Offences in relation to notification
52
Offences relating to notification
Supplementary provisions
53
Notification orders
54
Foreign travel restriction orders
55
Minor definitions for Part 4
Part 5
Asset freezing proceedings
Introductory
56
Asset freezing proceedings
Rules of court, disclosure and related matters
57
General provisions about rules of court
58
Rules of court about disclosure
59
Appointment of special advocate
60
Intercept evidence
Supplementary provisions
61
Allocation of proceedings to Queen’s Bench Division
62
Initial exercise of powers by Lord Chancellor
63
Interpretation of Part 5

Counter-Terrorism Bill
iv

Part 6
Inquests and inquiries
64
Certificate requiring inquest to be held without a jury
65
Specially appointed coroners
66
Inquiries: intercept evidence
67
Inquests: intercept evidence
Part 7
Miscellaneous
Amendment of definition of “terrorism” etc
68
Amendment of definition of “terrorism” etc
Terrorist offences
69
Offences relating to information about members of armed forces
70
Terrorist property: disclosure of information about possible offences
Control orders
71
Control orders: powers of entry and search
72
Control orders: meaning of involvement in terrorism-related activity
73
Time allowed for representations by controlled person
74
Application for anonymity for controlled person
Forfeiture of terrorist cash
75
Forfeiture of terrorist cash: determination of period for which cash may be
detained
76
Forfeiture of terrorist cash: appeal against decision in forfeiture proceedings
Costs of policing at gas facilities
77
Costs of policing at gas facilities: England and Wales
78
Costs of policing at gas facilities: Scotland
79
Designated gas transporters
80
Costs of policing at gas facilities: recovery of costs
81
Costs of policing at gas facilities: supplementary provisions
82
Application of provisions to costs incurred before commencement
Appointment of special advocates in Northern Ireland
83
Appointment of special advocates in Northern Ireland

Counter-Terrorism Bill
v

Part 8
Supplementary provisions
General definitions
84
Meaning of “terrorism”
85
Meaning of offence having a “terrorist connection”
Orders and regulations
86
Orders and regulations
87
Orders and regulations: affirmative and negative resolution procedure
Financial provisions
88
Financial provisions
Repeals
89
Repeals
Final provisions
90
Commencement
91
Extent
92
Short title
Schedule 1   —
Amendments relating to period of pre-charge detention
Part 1   —
Reserve power to extend maximum period of detention
Part 2   —
Consequential amendments
Schedule 2   —
Offences where terrorist connection to be considered
Schedule 3   —
Forfeiture: consequential amendments
Schedule 4   —
Notification orders
Schedule 5   —
Foreign travel restriction orders
Schedule 6   —
Repeals
Part 1   —
Pre-charge detention
Part 2   —
Retention and use of fingerprints and samples
Part 3   —
Disclosure of information and the intelligence services
Part 4   —
Forfeiture
Part 5   —
Control orders

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Revised 24 January 2008