79

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 24th April 2008

 

For other Amendment(s) see the following page(s):

 

Counter-Terrorism Bill Committee 55-77

 

Public Bill Committee


 

Counter-Terrorism Bill

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Patrick Mercer

 

90

 

Clause  23,  page  16,  line  21,  leave out subsection (2) and insert—

 

‘(2)    

Subject to subsections (3) to (6), a constable may question a person about a

 

related terrorism offence where the person has already been charged with, or been

 

officially informed that they may be prosecuted for, a terrorism offence.’.

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Patrick Mercer

 

91

 

Clause  23,  page  16,  line  26,  after ‘a’, insert ‘related’.

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Patrick Mercer

 

92

 

Clause  23,  page  16,  line  32,  at end insert—

 

‘(3A)    

A police officer of at least the rank of superintendent may make an application to

 

a judge of the High Court for permission to allow a constable to question a person

 

under subsections (2) and (3) above if the police officer believes that the person

 

may be charged with a related terrorism offence.

 

(3B)    

A judge may grant permission for further questioning under subsection (2) and

 

(3) only if he is satisfied by evidence that—

 

(a)    

there are reasonable grounds for believing that the original charge was

 

appropriate to bring;

 

(b)    

it is in the interests of justice to allow further questioning in the

 

circumstances; and


 
 

Notices of Amendments: 24th April 2008                  

80

 

Counter-Terrorism Bill, continued

 
 

(c)    

that further questioning would not be oppressive.

 

(3C)    

Where a judge grants permission for further questioning under subsection (3B) he

 

shall make such directions as he considers appropriate with regard to—

 

(a)    

the maximum permitted period for further questioning;

 

(b)    

the total length of time over which further questioning is permitted; or

 

(c)    

any other directions in the interests of justice,

 

    

and these directions shall be subject to variation on application by either party to

 

the same court.

 

(3D)    

A “related terrorism offence” means a terrorism offence arising in whole or in

 

part from the same set of facts as the offence with which the person has already

 

been charged, or officially informed that they may be prosecuted.’.

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Patrick Mercer

 

93

 

Clause  25,  page  17,  line  29,  after ‘a’, insert ‘related’.

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Patrick Mercer

 

94

 

Clause  42,  page  30,  line  45,  at end insert—

 

‘(c)    

and who in the opinion of the court should be subject to notification

 

requirements—

 

(i)    

in the interests of national security, or

 

(ii)    

otherwise in the public interest.’.

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Patrick Mercer

 

95

 

Clause  45,  page  33,  line  12,  leave out ‘such a determination’ and insert ‘Section

 

42.’.

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Patrick Mercer

 

96

 

Clause  45,  page  33,  line  15,  leave out subsection (3).

 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Patrick Mercer

 

97

 

Clause  25,  page  17,  line  29,  leave out subsection (2) and insert—

 

‘(2)    

Subject to subsections (3) to (6), a constable may question a person about a

 

related terrorism offence where the person has already been charged with, or been

 

officially informed that they may be prosecuted for, a terrorism offence.’.


 
 

Notices of Amendments: 24th April 2008                  

81

 

Counter-Terrorism Bill, continued

 
 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Patrick Mercer

 

98

 

Clause  25,  page  17,  line  32,  at end insert—

 

‘(2A)    

A police officer of at least the rank of superintendent may make an application to

 

a judge of the High Court for permission to allow a constable to question a person

 

under subsection (2) above if the police officer believes that the person may be

 

charged with a related terrorism offence.

 

(2B)    

A judge may grant permission for further questioning under subsection (2) only

 

if he is satisfied by evidence that—

 

(a)    

there are reasonable grounds for believing that the original charge was

 

appropriate to bring;

 

(b)    

it is in the interests of justice to allow further questioning in the

 

circumstances; and

 

(c)    

that further questioning would not be oppressive.

 

(2C)    

Where a judge grants permission for further questioning under subsection (2B) he

 

shall make such directions as he considers appropriate with regard to—

 

(a)    

the maximum permitted period for further questioning;

 

(b)    

the total length of time over which further questioning is permitted; or

 

(c)    

any other directions in the interests of justice,

 

    

and these directions shall be subject to variation on application by either party to

 

the same court.

 

(2D)    

A “related terrorism offence” means a terrorism offence arising in whole or in

 

part from the same set of facts as the offencfe with which the person has already

 

been charged, or officially informed that they may be prosecuted.’.