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| |
| |
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| | (2) | In paragraph 29(4) of that Schedule (meaning of “judicial authority”), in |
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| | paragraphs (a) and (c) omit “after consulting the Lord Chancellor”.’. |
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| |
| | Certificate requiring inquest to be held without a jury: Northern Ireland |
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| |
| | |
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| To move the following Clause:— |
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| | ‘(1) | In section 13(1) of the Coroners Act (Northern Ireland) 1959 (c. 15) (power of |
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| | coroner to hold inquest) after “sub-section (2)” insert “and section 18A”. |
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| | (2) | In section 18 of that Act (requirement to summon jury in certain cases) after |
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| | |
| | “(5) | This section is subject to section 18A (certificate requiring inquest to be |
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| | |
| | (3) | After that section insert— |
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| | “18A | Certificate requiring inquest to be held without a jury |
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| | (1) | The Secretary of State may certify in relation to an inquest that, in the |
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| | opinion of the Secretary of State, the inquest will involve the |
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| | consideration of material that should not be made public— |
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| | (a) | in the interests of national security, |
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| | (b) | in the interests of the relationship between the United Kingdom |
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| | |
| | (c) | otherwise in the public interest. |
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| | (2) | A certificate may be issued— |
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| | (a) | in relation to an inquest that has not begun, or |
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| | (b) | in relation to an inquest that has begun, at any time before its |
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| | |
| | (3) | Where a certificate has effect in relation to an inquest, the inquest must |
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| | be held or (as the case may be) continued without a jury, so that— |
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| | (a) | if a jury has not been summoned, the coroner must not cause a |
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| | |
| | (b) | if a jury has been summoned, the coroner must discharge the |
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| | |
| | (4) | Accordingly, the following do not apply in relation to the inquest whilst |
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| | the certificate has effect— |
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| | (a) | the power under subsection (1) of section 13 or subsection (2) of |
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| | section 18 to hold the inquest or part of the inquest with a jury, |
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| | |
| | (b) | the duty under subsection (1) of section 18 to hold the inquest |
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| | with a jury in the circumstances set out in that subsection. |
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| | (5) | A certificate has effect in relation to an inquest until it is revoked by the |
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| | Secretary of State; and the Secretary of State may revoke a certificate in |
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| | |
| | (a) | before it has begun, or |
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| |
| |
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| | (b) | after it has begun, at any time before its conclusion. |
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| | (6) | Where a certificate issued in relation to an inquest is revoked— |
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| | (a) | if subsection (1) of section 18 applies in relation to the inquest, |
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| | the coroner must cause a jury to be summoned in accordance |
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| | with that subsection, and |
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| | (b) | otherwise, if it appears to the coroner that it is desirable to |
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| | summon a jury, the coroner may cause a jury to be summoned in |
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| | accordance with that subsection. |
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| | (7) | If a jury is summoned— |
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| | (a) | the coroner must proceed in all respects as if the inquest had not |
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| | |
| | (b) | the provisions of this Act apply accordingly as if that were the |
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| | |
| | (4) | This section has effect in relation to inquests that have begun, but have not been |
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| | concluded, before the day on which it comes into force as well as to inquests |
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| | beginning on or after that day.’. |
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| |
| | Offences related to terrorism: evidence |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | In considering whether a person is involved in terrorism, the Court may take |
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| | account of any evidence admissible under the Regulation of Investigatory Powers |
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| | |
| | (2) | Schedule [Intercept evidence] (which makes provision for the admissibility of |
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| | intercept evidence in cases involving terrorism) has effect.’. |
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| |
| | Repeal of Prevention of Terrorism Act 2005 |
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| |
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| | |
| To move the following Clause:— |
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| | ‘The Prevention of Terrorism Act 2005 (c. 2) is repealed.’. |
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| |
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| |
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| | Power of court to make control orders |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Prevention of Terrorism Act 2005 (c. 2) is amended as follows. |
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| | (2) | For section 3 substitute— |
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| | | “Power of court to make control orders |
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| | (1) | On an application to the court by the Secretary of State for the making of |
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| | a control order against an individual, it shall be the duty of the court— |
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| | (a) | to hold an immediate preliminary hearing to determine whether |
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| | to make a control order imposing obligations against that |
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| | |
| | (b) | if it does make such an order against that individual, to give |
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| | directions for the holding of a full hearing to determine whether |
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| | to confirm the order (with or without modifications). |
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| | (2) | The preliminary hearing under paragraph (a) of subsection (1) may be |
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| | |
| | (a) | in the absence of the individual in question; |
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| | (b) | without his having had notice of the application for the order; and |
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| | (c) | without his having been given an opportunity (if he was aware of |
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| | the application) of making any representations to the court; but |
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| | this subsection is not to be construed as limiting the matters |
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| | about which rules of court may be made in relation to that |
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| | |
| | (3) | At the preliminary hearing, the court may make a control order against |
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| | the individual in question if it appears to the court— |
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| | (a) | that there is material which (if not disproved) is capable of being |
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| | relied on by the court as establishing that the individual is or has |
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| | been involved in terrorism-related activity; |
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| | (b) | that there are reasonable grounds for believing that the |
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| | imposition of obligations on that individual is necessary for |
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| | purposes connected with protecting members of the public from |
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| | |
| | (4) | The obligations that may be imposed by a control order in the period |
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| | |
| | (a) | the time when the order is made; and |
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| | (b) | the time when a final determination is made by the court whether |
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| | |
| | include any obligations which the court has reasonable grounds for |
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| | considering are necessary as mentioned in section 1(1C). |
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| | (5) | At the full hearing held under paragraph (b) of subsection (1), the court |
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| | |
| | (a) | confirm the control order made by the court; or |
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| | |
| | and where the court revokes the order, it may (if it thinks fit) direct that |
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| | this Act is to have effect as if the order had been quashed. |
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| |
| |
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| | (6) | In confirming a control order, the court— |
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| | (a) | may modify the obligations imposed by the order; and |
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| | (b) | where a modification made by the court removed an obligation, |
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| | may (if it thinks fit) direct that this Act is to have effect as if the |
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| | removed obligation has been quashed. |
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| | (7) | At the full hearing, the court may confirm the control order (with or |
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| | without modifications) only if— |
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| | (a) | it is satisfied, on the balance of probabilities, that the controlled |
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| | person is an individual who is or has been involved in terrorism- |
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| | |
| | (b) | it considers that the imposition of obligations on the controlled |
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| | person is necessary for purposes connected with protecting |
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| | members of the public from a risk of terrorism; and |
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| | (c) | it has been informed by the Director of Public Prosecutions that |
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| | there is no reasonable prospect of a successful prosecution of the |
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| | individual for the terrorism-related activity. |
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| | (8) | A control order ceases to have effect at the end of a period of 6 months |
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| | beginning with the day on which it is made unless— |
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| | (a) | it is previously revoked (whether at the hearing under subsection |
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| | (1)(b) or otherwise under this Act); |
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| | (b) | it ceases to have effect under section 4; or |
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| | |
| | (9) | The court, on an application by the Secretary of State, may renew a |
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| | control order (with or without modifications) for a period of 6 months |
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| | from whichever is the earlier of— |
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| | (a) | the time when the order would otherwise have ceased to have |
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| | |
| | (b) | the beginning of the seventh day after the date of renewal. |
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| | (10) | The power of the court to renew a control order is exercisable on as many |
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| | occasions as the court thinks fit; but, on each occasion, it is exercisable |
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| | |
| | (a) | the court considers that it is necessary, for the purposes |
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| | connected with protecting members of the public from a risk of |
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| | terrorism, for a control order to continue in force against the |
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| | |
| | (b) | the court considers that the obligations to be imposed by the |
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| | renewed order are necessary for the purposes connected with |
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| | preventing or restricting involvement by that person in terrorism- |
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| | |
| | (c) | the court has been informed by the Director of Public |
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| | Prosecutions that there is no reasonable prospect of a successful |
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| | prosecution of the individual for the terrorism-related activity. |
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| | (11) | Where, on an application for the renewal of a control order, it appears to |
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| | |
| | (a) | that the proceedings on the applications are unlikely to be |
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| | completed before the time when the order is due to cease to have |
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| | effect if not renewed, and |
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| | (b) | that is not attributable to an unreasonable delay on the part of the |
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| | Secretary of State in the making or conduct of the application, |
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| | the court may (on one or more occasions) extend the period for |
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| |
| |
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| | which the order is to remain in force for the purpose of keeping |
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| | it in force until the conclusion of the proceedings. |
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| | (12) | Where the court exercises its power under subsection (11) and |
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| | subsequently renews the control order in question, the period of any |
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| | renewal still runs from the time when the order would have ceased to |
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| | have effect apart from that subsection. |
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| | (13) | It shall be immaterial, for the purposes of determining what obligations |
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| | may be imposed by a control order made by the court, whether the |
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| | involvement in terrorism-related activity to be prevented or restricted by |
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| | the obligations is connected with matters in relation to which the |
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| | requirements of paragraph (a) of subsection (3) or paragraph (a) of |
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| | subsection (7) were satisfied.”’. |
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| |
| | |
| |
| |
| |
| |
| | |
|
| To move the following Clause:— |
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| | ‘(1) | Section 3 of the Terrorism Act 2000 (c. 11) (proscription) is amended as follows. |
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| | (2) | In subsection (5) after paragraph (d) insert— |
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| | “(e) | has been involved in support or acts of terrorism.”’. |
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| |
| |
| |
| | |
| To move the following Schedule:— |
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| | ‘DISCLOSURE AND THE INTELLIGENCE SERVICES: CONSEQUENTIAL |
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| | |
| | Anti-terrorism, Crime and Security Act 2001 (c. 24) |
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| | 1 | In section 19(2) of the Anti-terrorism, Crime and Security Act 2001 |
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| | (disclosure of information held by revenue departments), omit paragraph (a). |
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| | Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) |
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| | 2 (1) | The Representation of the People (England and Wales) Regulations 2001 are |
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| | |
| | (2) | In regulation 45E (supply of record of anonymous entries to the security |
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| | services), omit paragraphs (3) and (4). |
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| |
| |
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| | (3) | In regulation 102(6) (supply of full register: general restrictions on use), for |
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| | “regulations 103 to 109” substitute “regulations 103 to 108 or 109”. |
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| | (4) | After regulation 108 insert— |
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| | “108A | Supply of full register etc to the security services |
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| | (1) | This regulation applies to— |
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| | (a) | the Security Service; |
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| | (b) | the Government Communications Headquarters; |
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| | (c) | the Secret Intelligence Service. |
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| | (2) | For the purposes of regulation 102(1) above the relevant part of the |
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| | documents listed in that provision is the whole of them.”. |
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| | (5) | In regulation 109 (supply of full register etc to police force and other agencies |
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| | and restrictions on use), omit— |
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| | (a) | paragraph (1)(g) to (i); |
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| | (b) | in paragraph (4)(a), the words preceding paragraph (i); |
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| | (c) | paragraph (4)(b) and the word “and” immediately preceding it. |
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| | (6) | In regulation 113 (sale of full register to government departments and other |
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| | |
| | (a) | in the closing words of paragraph (1), after “other than” insert “a |
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| | department to which regulation 108A applies or”; |
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| | (b) | in paragraph (3) for “regulation 109(1)(g) to (i),” substitute |
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| | |
| | (7) | In regulation 115(2) (offences) omit “45E(3),”. |
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| | (8) | For regulation 118(8) (provision of copies of documents open to public |
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| | inspection) substitute insert— |
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| | “(8) | The relevant registration officer shall, on request, supply free of |
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| | charge copies of any documents open to public inspection— |
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| | (a) | to each of the departments mentioned in regulation 108A; |
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| | (b) | to a person who has inspected those documents and who is |
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| | entitled to be supplied with a copy of the marked register or |
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| | lists by virtue of being a person to whom regulation 109 |
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| | |
| | (9) | In regulation 119(3) for “regulation 118(8)” substitute “regulation 118(8)(b)”. |
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| | Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) |
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| | 3 (1) | The Representation of the People (Scotland) Regulations 2001 are amended as |
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| | |
| | (2) | In regulation 45D (supply of record of anonymous entries to the security |
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| | services), omit paragraphs (3) and (4). |
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| | (3) | In regulation 101(6) (supply of full register: general restrictions on use), for |
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| | “regulations 102 to 108” substitute “regulations 102 to 107 or 108”. |
|
| | (4) | After regulation 107 insert— |
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| | “107A | Supply of full register etc to the security services |
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| | (1) | This regulation applies to— |
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| | (a) | the Security Service; |
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| | (b) | the Government Communications Headquarters; |
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| | (c) | the Secret Intelligence Service. |
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|
|
| |
| |
|
| | (2) | For the purposes of regulation 101(1) above the relevant part of the |
|
| | documents listed in that provision is the whole of them.”. |
|
| | (5) | In regulation 108 (supply of full register etc to police force and other agencies |
|
| | and restrictions on use), omit— |
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| | (a) | paragraph (1)(g) to (i); |
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| | (b) | in paragraph (4)(a), the words preceding paragraph (i); |
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| | (c) | paragraph (4)(b) and the word “and” immediately preceding it. |
|
| | (6) | In regulation 112 (sale of full register to government departments and other |
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| | |
| | (a) | in the closing words of paragraph (1), after “other than” insert “a |
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| | department to which regulation 107A applies or”; |
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| | (b) | in paragraph (3) for “regulation 108(1)(g) to (i),” substitute |
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| | |
| | (7) | In regulation 115(2) (offences) omit “45D(3),”. |
|
| | (8) | For regulation 118(8) (provision of copies of documents open to public |
|
| | inspection) substitute insert— |
|
| | “(8) | The relevant registration officer shall, on request, supply free of |
|
| | charge copies of any documents open to public inspection— |
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| | (a) | to each of the departments mentioned in regulation 107A; |
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| | (b) | to a person who has inspected those documents and who is |
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| | entitled to be supplied with a copy of the marked register or |
|
| | lists by virtue of being a person to whom regulation 108 |
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| | |
| | (9) | In regulation 119(3) for “regulation 118(8)” substitute “regulation 118(8)(b)”. |
|
| | Immigration, Asylum and Nationality Act 2006 (c. 13) |
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| | 4 | In the Immigration, Asylum and Nationality Act 2006, omit section 38 |
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| | (disclosure of information for security purposes). |
|
| | Statistics and Registration Service Act 2007 (c.18) |
|
| | 5 | In the Statistics and Registration Service Act 2007, omit— |
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| | (a) | section 39(4)(g) (permitted disclosure of personal information: |
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| | disclosure to an Intelligence Service); and |
|
| | (b) | in section 67 (general interpretation), the definition of “Intelligence |
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| | |
| |
| |
| | |
| To move the following Schedule:— |
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| | ‘Offences relating to information about members of armed forces: |
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| | |
| | | The following Schedule is inserted after Schedule 8 to the Terrorism Act 2000 |
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| | |
|