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| New Amendments handed in are marked thus |
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| Other Amendments not tabled within the required notice period are marked thus |
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| | The Amendments have been arranged in accordance with the Order of the |
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| | Committee [22nd April 2008]. |
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| Page 16, line 14, leave out Clause 22. |
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| Schedule 1, page 70, line 3, after ‘(5)’ insert ‘to (7)’. |
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| Page 61, line 2, leave out Schedule 1. |
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| Clause 23, page 16, line 21, leave out subsection (2) and insert— |
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| | ‘(2) | Subject to subsections (3) to (6), a constable may question a person about a |
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| | related terrorism offence where the person has already been charged with, or been |
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| | officially informed that they may be prosecuted for, a terrorism offence.’. |
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| Clause 23, page 16, line 21, leave out subsection (2) and insert— |
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| | ‘(2A) | Subject to subsections (2B) to (2E) a constable may question a person about a |
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| | related terrorism offence where the person has already been charged with, or been |
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| | officially informed that they may be prosecuted for, a terrorism offence. |
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| | (2B) | A police officer of at least the rank of superintendent may make an application to |
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| | a judge of the High Court for permission to allow a constable to question a person |
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| | under subsection (2), if the police officer reasonably believes that the person may |
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| | be charged with a related terrorism offence. |
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| | (2C) | A judge may grant permission for further questioning under subsection (2) only |
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| | if satisfied by evidence that: |
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| | (a) | there are reasonable grounds for believing that the original charge was |
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| | appropriate to bring; and |
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| | (b) | it is in the interests of justice to allow further questioning in the |
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| | (2D) | Where a judge grants permission for further questioning under subsection (2C) he |
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| | shall make such directions as he considers appropriate with regard to: |
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| | (a) | the maximum permitted period for further questioning; |
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| | (b) | the total length of time over which further questioning is permitted; or |
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| | (c) | any other directions as required in the interests of justice. |
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| | (2E) | A related terrorism offence means a terrorism offence arising in whole or in part |
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| | from the same set of facts as the offence with which the person has already been |
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| | charged, or officially informed that they may be prosecuted.’. |
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| Clause 23, page 16, line 25, after ‘offence’, insert ‘, at any time up to the |
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| commencement of the trial,’. |
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| Clause 23, page 16, line 26, after ‘a’, insert ‘related’. |
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| Clause 23, page 16, line 26, leave out ‘or’ and insert ‘and’. |
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| Clause 23, page 16, line 32, at end insert— |
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| | ‘(iii) | has, after satisfying himself that the original charge was |
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| | appropriate and that further questioning would be in the interests |
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| | of justice, given authority for the constable to question the |
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| Clause 23, page 16, line 32, at end insert— |
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| | ‘(3A) | A police officer of at least the rank of superintendent may make an application to |
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| | a judge of the High Court for permission to allow a constable to question a person |
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| | under subsections (2) and (3) above if the police officer believes that the person |
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| | may be charged with a related terrorism offence. |
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| | (3B) | A judge may grant permission for further questioning under subsection (2) and |
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| | (3) only if he is satisfied by evidence that— |
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| | (a) | there are reasonable grounds for believing that the original charge was |
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| | (b) | it is in the interests of justice to allow further questioning in the |
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| | (c) | that further questioning would not be oppressive. |
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| | (3C) | Where a judge grants permission for further questioning under subsection (3B) he |
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| | shall make such directions as he considers appropriate with regard to— |
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| | (a) | the maximum permitted period for further questioning; |
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| | (b) | the total length of time over which further questioning is permitted; or |
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| | (c) | any other directions in the interests of justice, |
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| | | and these directions shall be subject to variation on application by either party to |
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| | (3D) | A “related terrorism offence” means a terrorism offence arising in whole or in |
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| | part from the same set of facts as the offence with which the person has already |
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| | been charged, or officially informed that they may be prosecuted.’. |
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| Clause 23, page 16, line 34, leave out ‘may’ and insert ‘must’. |
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| Clause 23, page 16, line 35, at end insert— |
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| | ‘(4A) | Codes of practice made under subsection (4) must include provision for— |
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| | (a) | questioning to take place only in the presence of a lawyer representing |
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| | the interests of the accused person; |
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| | (b) | a transcript to be made available to the judge authorising the questioning |
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| | (c) | the questioning to be subject to a video recording; |
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| | (d) | for the purpose of the questioning to be confined to questioning about |
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| | new evidence which has become available since the accused person was |
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| | (e) | preventing oppressive questioning by specifying appropriate time limits. |
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| | (4B) | Prior to the commencement of the trial the judge must review any transcripts |
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| | made available to him under subsection (4A)(b) having regard to subsections |
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| Clause 23, page 17, line 2, leave out subsections (6) and (7). |
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| Clause 25, page 17, line 29, after second ‘a’, insert ‘related’. |
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| Clause 25, page 17, line 29, leave out subsection (2) and insert— |
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| | ‘(2) | Subject to subsections (3) to (6), a constable may question a person about a |
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| | related terrorism offence where the person has already been charged with, or been |
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| | officially informed that they may be prosecuted for, a terrorism offence.’. |
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| Clause 25, page 17, line 32, at end insert ‘, at any time up to the commencement of |
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| Clause 25, page 17, line 32, at end insert ‘, and |
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| | (c) | a judge of the Crown Court has, after satisfying himself that the original |
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| | charge was appropriate and that further questioning would be in the |
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| | interests of justice, given authority for the constable to question the |
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| Clause 25, page 17, line 32, at end insert— |
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| | ‘(2A) | A police officer of at least the rank of superintendent may make an application to |
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| | a judge of the High Court for permission to allow a constable to question a person |
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| | under subsection (2) above if the police officer believes that the person may be |
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| | charged with a related terrorism offence. |
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| | (2B) | A judge may grant permission for further questioning under subsection (2) only |
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| | if he is satisfied by evidence that— |
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| | (a) | there are reasonable grounds for believing that the original charge was |
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| | (b) | it is in the interests of justice to allow further questioning in the |
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| | (c) | that further questioning would not be oppressive. |
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| | (2C) | Where a judge grants permission for further questioning under subsection (2B) he |
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| | shall make such directions as he considers appropriate with regard to— |
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| | (a) | the maximum permitted period for further questioning; |
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| | (b) | the total length of time over which further questioning is permitted; or |
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| | (c) | any other directions in the interests of justice, |
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| | | and these directions shall be subject to variation on application by either party to |
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| | (2D) | A “related terrorism offence” means a terrorism offence arising in whole or in |
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| | part from the same set of facts as the offencfe with which the person has already |
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| | been charged, or officially informed that they may be prosecuted.’. |
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| Clause 25, page 17, line 34, leave out ‘may’ and insert ‘must’. |
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| Clause 25, page 17, line 36, at end insert— |
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| | ‘(3A) | Codes of practice made under subsection (3) must include provision for— |
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| | (a) | questioning to take place only in the presence of a lawyer representing |
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| | the interests of the accused person; |
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| | (b) | a transcript to be made available to the judge authorising the questioning |
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| | (c) | the questioning to be subject to a video recording; |
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| | (d) | for the purpose of the questioning to be confined to questioning about |
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| | new evidence which has become available since the accused person was |
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| | (e) | preventing oppressive questioning by specifying appropriate time limits. |
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| | (3B) | Prior to the commencement of the trial the judge must review any transcripts |
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| | made available to him under subsection (3A)(b) having regard to subsections |
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| Clause 25, page 18, line 1, leave out subsections (5) and (6). |
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| Clause 26, page 18, line 38, leave out from ‘things)’ to end of line 39. |
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| Clause 26, page 19, line 11, at end insert— |
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| | (e) | the common law offences of murder, manslaughter, culpable homicide, |
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| | kidnapping or abduction, in relation to an offence listed in subsection (1) |
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| | Clause 27, page 20, line 17, leave out subsection (4). |
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| | Clause 27, page 20, line 18, leave out subsection (5). |
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| Clause 27, page 20, line 18, at end insert— |
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| | ‘( ) | The power conferred by subsection (4) may be exercised so as to add offences to |
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| | subsection (2) or (3) only if it appears to the Secretary of State necessary to do so |
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| | for the purpose of dealing with terrorism.’. |
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| | Clause 27, page 20, line 19, leave out subsection (6). |
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| Clause 27, page 20, line 19, after ‘offence’, insert ‘with terrorism connections’. |
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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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| Clause 29, page 20, line 32, after ‘If’ insert ‘having regard to the material before it |
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| for the purposes of sentencing’. |
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| Clause 29, page 20, line 33, leave out ‘court’ and insert ‘jury’. |
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| Clause 29, page 20, line 34, after ‘and’, insert ‘the jury’. |
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| Clause 29, page 20, line 37, leave out first ‘court’ and insert ‘jury’. |
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| Clause 29, page 20, line 37, leave out ‘determines’ and insert ‘is satisfied beyond |
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| | Clause 29, page 20, line 40, leave out subsection (5). |
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