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| Counter-Terrorism Bill, As Amended |
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| | Extension of detention under section 41 of the Terrorism Act 2000 |
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| To move the following Clause:— |
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| | ‘(1) | The Terrorism Act 2000, Schedule 8, Part III (Extension of Detention under |
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| | Section 41) is amended as follows. |
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| | (2) | After sub-paragraph (6) of paragraph 29 (Warrants of further detention) there is |
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| | “(7) | Nothing in this Part is to be read as requiring the judicial authority to act |
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| | in a manner inconsistent with the right of the specified person to a fully |
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| | judicial procedure in Article 5(4) of the European Convention on Human |
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| | (3) | After sub-paragraph (d) of paragraph 31(Notices) there is inserted— |
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| | “(e) | a statement of the suspicion which forms the basis for the |
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| | person’s original arrest and continued detention, and |
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| | (f) | the gist of the material on which the suspicion is based.”. |
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| | (4) | Before sub-sub-paragraph (a) of sub-paragraph 32(1) (Grounds for extension) |
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| | “(aa) | there are reasonable grounds for believing that the person has |
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| | been involved in the commission, preparation or instigation of a |
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| | (5) | Sub-paragraph (1) of paragraph 33 (Representation) is deleted and there is |
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| | “(1) | The person to whom an application relates shall be entitled— |
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| | (a) | to appear in person before the judicial authority and make oral |
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| | representations about the application, |
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| | (b) | to be legally represented by counsel at the hearing, |
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| | (c) | to legal aid for such representation, |
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| | (d) | to be represented by a special advocate at any closed part of the |
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| | hearing of the application, and |
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| | (e) | through his representative, to cross examine the investigating |
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| | (6) | After sub-paragraph (3)(b) of paragraph 33 there is inserted— |
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| | | “if the judicial authority is satisfied that there are reasonable grounds for |
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| | believing that the exclusion of the person and/or his representative is |
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| | necessary in order to avoid any of the harms set out in sub-paragraphs (1) |
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| | to (g) of paragraph 34(2) below.”.’. |
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| | Lower threshold for charging in terrorism cases |
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| To move the following Clause:— |
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| | ‘(1) | When deciding whether there is sufficient evidence to charge a person with an |
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| | offence having a terrorist connection, a Crown Prosecutor may apply the |
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| | “Threshold Test” for charging if the conditions in subsection (3) below are |
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| | (2) | The “Threshold Test” for charging is met where there is at least a reasonable |
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| | suspicion that the suspect has committed an offence having a terrorist connection. |
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| | (3) | The conditions which must be satisfied for the Threshold Test to apply are— |
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| | (a) | it would not be appropriate to release the suspect on bail after charge; |
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| | (b) | the evidence required to demonstrate a realistic prospect of conviction is |
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| | (c) | it is reasonable to believe that such evidence will become available |
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| | within a reasonable time. |
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| | (4) | The factors to be considered in deciding whether the Threshold Test of reasonable |
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| | suspicion is met include— |
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| | (a) | the evidence available at the time; |
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| | (b) | the likelihood and nature of further evidence being obtained; |
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| | (c) | the reasonableness for believing that evidence will become available; |
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| | (d) | the time it will take to gather that evidence and the steps being taken to |
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| | (e) | the impact the expected evidence will have on the case; |
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| | (f) | the charges that the evidence will support. |
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| | (5) | Where a Crown Prosecutor make a charging decision in accordance with the |
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| | Threshold Test, the person charged shall be immediately informed of the fact that |
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| | they have been charged on the standard of reasonable suspicion. |
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| | (6) | When the person charged on the Threshold Test is brought before the Court it |
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| | shall be the duty of the Crown Prosecutor to inform the Court of that fact. |
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| | (7) | The Court shall set a timetable for the receipt of the additional evidence and for |
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| | the application of the normal test for charging as set out in the Code for Crown |
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| | (8) | The Chief Inspector of the Crown Prosecution Service shall report annually on |
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| | the operation of the Threshold Test in terrorism cases.’. |
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| | Bail for terrorism offences |
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| To move the following Clause:— |
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| | ‘(1) | The Terrorism Act 2000, Schedule 8, is amended as follows. |
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| | (2) | After paragraph 37 there is inserted— |
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| | 38 | The judicial authority with power to extend detention under section 41 |
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| | has power to release the suspect on bail, with conditions.”.’. |
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| | Post-charge questioning: safeguards |
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| To move the following Clause:— |
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| | ‘(1) | Reference in this section to “post-charge questioning” relate only to post-charge |
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| | questioning for a terrorism offence, in accordance with section 27— |
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| | (a) | in England and Wales, in accordance with section 24; |
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| | (b) | in Scotland, in accordance with section 25; and |
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| | (c) | in Northern Ireland, in accordance with section 26. |
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| | (2) | Post-charge questioning must be judicially authorised in advance. |
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| | (3) | Post-charge questioning shall be confined to questioning about new evidence |
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| | which has come to light since the accused person was charged and which could |
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| | not reasonable have come to light before. |
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| | (4) | The total period of post-charge questioning shall last for no more than five days |
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| | (5) | Post-charge questioning may only take place in the presence of the defendant’s |
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| | (6) | Post-charge questioning shall always be video-recorded. |
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| | (7) | The judge who authorised post-charge questioning shall review the transcript of |
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| | the questioning after it has taken place, to ensure that it remained within the scope |
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| | of questioning under subsection (2) and was completed within the time allowed |
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| | (8) | Post-charge questioning for a terrorism offence shall never be permissible after |
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| | the beginning of the defendant’s trial for that offence.’. |
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| | Control orders: pre-conditions |
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| To move the following Clause:— |
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| | ‘After sub-paragraph (b) in section 2(1) of the Prevention of Terrorism Act 2005 |
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| | “; and (c) unless section 3(1)(b) below applies, the DPP has certified that |
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| | there is no reasonable prospect of successfully prosecuting the subject of |
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| | the order for a terrorism-related offence.”.’. |
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| | Control orders: ongoing review of possibility of prosecution |
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| To move the following Clause:— |
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| | ‘After subsection (6) of section 8 of the Prevention of Terrorism Act 2005 there |
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| | “(6A) | The Secretary of State shall, throughout the period during which the |
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| | control order has effect— |
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| | (a) | ensure that the question of whether there is a reasonable prospect |
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| | of successfully prosecuting the subject of the order for a |
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| | terrorism-related offence is kept under review at least every three |
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| | (b) | consult the police prior to such review; and |
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| | (c) | share with the police such information as is available to him |
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| | which is relevant to the prospects of a successful prosecution.”.’. |
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| | Control orders: reasons for decisions on prospects of prosecution |
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| To move the following Clause:— |
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| | ‘After subsection (2) of section 8 of the Prevention of Terrorism Act 2005 there |
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| | “(2A) | If the chief officer advises the Secretary of State that there is no realistic |
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| | prospect of prosecution, he shall give reasons for his view. |
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| | (2B) | The chief officer’s reasons shall be disclosed to the controlled person to |
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| | the extent that such disclosure would not be contrary to the public |
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| | Control orders: cumulative effect of restrictions relevant to determination about |
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| To move the following Clause:— |
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| | ‘After subsection (10) of section 3 of the Prevention of Terrorism Act 2005 there |
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| | “(10A) | In determining whether the effect of a non-derogating control order is to |
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| | deprive a person of their liberty, the factors to which the court shall have |
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| | (a) | the nature, duration, effects and manner of implementation of the |
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| | (b) | the cumulative effect of the obligations. |
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| | (10B) | The combination of obligations may amount to a deprivation of liberty |
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| | even if no individual obligation amounts to such a deprivation.”.’. |
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| | Control orders: maximum limit on daily curfews |
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| To move the following Clause:— |
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| | ‘After subsection (5) of section 1 of the Prevention of Terrorism Act 2005 there |
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| | “(5A) | The duration of any prohibition or restriction on the controlled person’s |
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| | movements shall not exceed 12 hours in any 24 hour period.”.’. |
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| | Control orders: right to a fair hearing |
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| To move the following Clause:— |
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| | ‘(1) | At the end of subsection (13) of section 3 of the Prevention of Terrorism Act 2005 |
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