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| | ‘(2A) | Notification requirements in relation to offences under subsection (2) may be |
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| | renewed on one occasion if it is considered necessary for purposes connected |
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| | with protecting members of the public from a risk of terrorism, for the notification |
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| | requirements to continue in force.’. |
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| Clause 51, page 37, line 3, leave out subsection (4). |
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| Clause 69, page 49, line 34, at end insert ‘and |
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| | (c) | intends that the information should be useful to a person committing or |
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| | preparing an act of terrorism.’. |
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| Clause 77, page 55, line 17, after ‘State’, insert ‘or a police authority’. |
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| Clause 77, page 55, line 18, at end insert— |
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| | ‘(3A) | In this section “gas” means a hydrocarbon normally in a gaseous form and |
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| | intended for use as a fuel.’. |
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| Clause 78, page 56, line 6, at end insert— |
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| | ‘(4A) | In this section “gas” means a hydrocarbon normally in a gaseous form and |
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| | intended for use as a fuel.’. |
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| Schedule 4, page 75, line 25, at end insert ‘and |
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| | (c) | the court exercising jurisdiction under that law has not, in respect of the |
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| | corresponding foreign offence, relied on evidence or information |
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| | obtained through torture, duress or other means that would render such |
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| | evidence or information inadmissible in a court in the United Kingdom.’. |
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| Schedule 6, page 83, column 2, leave out lines 26 to 35 and insert ‘the whole Act’. |
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| | Repeal of Prevention of Terrorism Act 2005 |
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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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| | 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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| | (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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| | |
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| |
| |
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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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| | 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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| Clause 27, page 20, line 20, at end add— |
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| | ‘(7) | Where this section applies to an offence committed in Scotland, proceedings may |
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| | only be taken in another part of the United Kingdom following consultation with, |
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| | and with the consent of, the Lord Advocate.’. |
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