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2151

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 15th May 2008

 

Consideration of Bill


 

Counter-Terrorism Bill, As Amended

 

Extension of detention under section 41 of the Terrorism Act 2000

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

Mr Virendra Sharma

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Terrorism Act 2000, Schedule 8, Part III (Extension of Detention under

 

Section 41) is amended as follows.

 

(2)    

After sub-paragraph (6) of paragraph 29 (Warrants of further detention) there is

 

inserted—

 

“(7)    

Nothing in this Part is to be read as requiring the judicial authority to act

 

in a manner inconsistent with the right of the specified person to a fully

 

judicial procedure in Article 5(4) of the European Convention on Human

 

Rights.”.

 

(3)    

After sub-paragraph (d) of paragraph 31(Notices) there is inserted—

 

“(e)    

a statement of the suspicion which forms the basis for the

 

person’s original arrest and continued detention, and

 

(f)    

the gist of the material on which the suspicion is based.”.

 

(4)    

Before sub-sub-paragraph (a) of sub-paragraph 32(1) (Grounds for extension)

 

there is inserted—

 

“(aa)    

there are reasonable grounds for believing that the person has

 

been involved in the commission, preparation or instigation of a

 

terrorist offence,”.

 

(5)    

Sub-paragraph (1) of paragraph 33 (Representation) is deleted and there is

 

inserted in its place—

 

“(1)    

The person to whom an application relates shall be entitled—

 

(a)    

to appear in person before the judicial authority and make oral

 

representations about the application,

 

(b)    

to be legally represented by counsel at the hearing,

 

(c)    

to legal aid for such representation,


 
 

Notices of Amendments: 15th May 2008                  

2152

 

Counter-Terrorism Bill, continued

 
 

(d)    

to be represented by a special advocate at any closed part of the

 

hearing of the application, and

 

(e)    

through his representative, to cross examine the investigating

 

officer.”.

 

(6)    

After sub-paragraph (3)(b) of paragraph 33 there is inserted—

 

    

“if the judicial authority is satisfied that there are reasonable grounds for

 

believing that the exclusion of the person and/or his representative is

 

necessary in order to avoid any of the harms set out in sub-paragraphs (1)

 

to (g) of paragraph 34(2) below.”.’.

 

Lower threshold for charging in terrorism cases

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

Mr Virendra Sharma

 

NC2

 

To move the following Clause:—

 

‘(1)    

When deciding whether there is sufficient evidence to charge a person with an

 

offence having a terrorist connection, a Crown Prosecutor may apply the

 

“Threshold Test” for charging if the conditions in subsection (3) below are

 

satisfied.

 

(2)    

The “Threshold Test” for charging is met where there is at least a reasonable

 

suspicion that the suspect has committed an offence having a terrorist connection.

 

(3)    

The conditions which must be satisfied for the Threshold Test to apply are—

 

(a)    

it would not be appropriate to release the suspect on bail after charge;

 

(b)    

the evidence required to demonstrate a realistic prospect of conviction is

 

not yet available; and

 

(c)    

it is reasonable to believe that such evidence will become available

 

within a reasonable time.

 

(4)    

The factors to be considered in deciding whether the Threshold Test of reasonable

 

suspicion is met include—

 

(a)    

the evidence available at the time;

 

(b)    

the likelihood and nature of further evidence being obtained;

 

(c)    

the reasonableness for believing that evidence will become available;

 

(d)    

the time it will take to gather that evidence and the steps being taken to

 

do so;

 

(e)    

the impact the expected evidence will have on the case;

 

(f)    

the charges that the evidence will support.

 

(5)    

Where a Crown Prosecutor make a charging decision in accordance with the

 

Threshold Test, the person charged shall be immediately informed of the fact that

 

they have been charged on the standard of reasonable suspicion.

 

(6)    

When the person charged on the Threshold Test is brought before the Court it

 

shall be the duty of the Crown Prosecutor to inform the Court of that fact.

 

(7)    

The Court shall set a timetable for the receipt of the additional evidence and for

 

the application of the normal test for charging as set out in the Code for Crown

 

Prosecutors.

 

(8)    

The Chief Inspector of the Crown Prosecution Service shall report annually on

 

the operation of the Threshold Test in terrorism cases.’.


 
 

Notices of Amendments: 15th May 2008                  

2153

 

Counter-Terrorism Bill, continued

 
 

Bail for terrorism offences

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

Mr Virendra Sharma

 

NC3

 

To move the following Clause:—

 

‘(1)    

The Terrorism Act 2000, Schedule 8, is amended as follows.

 

(2)    

After paragraph 37 there is inserted—

 

“Part IV

 

Bail

 

38         

The judicial authority with power to extend detention under section 41

 

has power to release the suspect on bail, with conditions.”.’.

 

Post-charge questioning: safeguards

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

Mr Virendra Sharma

 

NC4

 

To move the following Clause:—

 

‘(1)    

Reference in this section to “post-charge questioning” relate only to post-charge

 

questioning for a terrorism offence, in accordance with section 27—

 

(a)    

in England and Wales, in accordance with section 24;

 

(b)    

in Scotland, in accordance with section 25; and

 

(c)    

in Northern Ireland, in accordance with section 26.

 

(2)    

Post-charge questioning must be judicially authorised in advance.

 

(3)    

Post-charge questioning shall be confined to questioning about new evidence

 

which has come to light since the accused person was charged and which could

 

not reasonable have come to light before.

 

(4)    

The total period of post-charge questioning shall last for no more than five days

 

in aggregate.

 

(5)    

Post-charge questioning may only take place in the presence of the defendant’s

 

lawyer.

 

(6)    

Post-charge questioning shall always be video-recorded.

 

(7)    

The judge who authorised post-charge questioning shall review the transcript of

 

the questioning after it has taken place, to ensure that it remained within the scope

 

of questioning under subsection (2) and was completed within the time allowed

 

under subsection (3).

 

(8)    

Post-charge questioning for a terrorism offence shall never be permissible after

 

the beginning of the defendant’s trial for that offence.’.


 
 

Notices of Amendments: 15th May 2008                  

2154

 

Counter-Terrorism Bill, continued

 
 

Control orders: pre-conditions

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

Mr Virendra Sharma

 

NC5

 

To move the following Clause:—

 

‘After sub-paragraph (b) in section 2(1) of the Prevention of Terrorism Act 2005

 

there is inserted—

 

“; and (c) unless section 3(1)(b) below applies, the DPP has certified that

 

there is no reasonable prospect of successfully prosecuting the subject of

 

the order for a terrorism-related offence.”.’.

 

Control orders: ongoing review of possibility of prosecution

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

Mr Virendra Sharma

 

NC6

 

To move the following Clause:—

 

‘After subsection (6) of section 8 of the Prevention of Terrorism Act 2005 there

 

is inserted—

 

“(6A)    

The Secretary of State shall, throughout the period during which the

 

control order has effect—

 

(a)    

ensure that the question of whether there is a reasonable prospect

 

of successfully prosecuting the subject of the order for a

 

terrorism-related offence is kept under review at least every three

 

months;

 

(b)    

consult the police prior to such review; and

 

(c)    

share with the police such information as is available to him

 

which is relevant to the prospects of a successful prosecution.”.’.

 

Control orders: reasons for decisions on prospects of prosecution

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

Mr Virendra Sharma

 

NC7

 

To move the following Clause:—

 

‘After subsection (2) of section 8 of the Prevention of Terrorism Act 2005 there

 

is inserted—

 

“(2A)    

If the chief officer advises the Secretary of State that there is no realistic

 

prospect of prosecution, he shall give reasons for his view.


 
 

Notices of Amendments: 15th May 2008                  

2155

 

Counter-Terrorism Bill, continued

 
 

(2B)    

The chief officer’s reasons shall be disclosed to the controlled person to

 

the extent that such disclosure would not be contrary to the public

 

interest.”.’.

 

Control orders: cumulative effect of restrictions relevant to determination about

 

deprivation

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

Mr Virendra Sharma

 

NC8

 

To move the following Clause:—

 

‘After subsection (10) of section 3 of the Prevention of Terrorism Act 2005 there

 

is inserted—

 

“(10A)    

In determining whether the effect of a non-derogating control order is to

 

deprive a person of their liberty, the factors to which the court shall have

 

regard must include,

 

(a)    

the nature, duration, effects and manner of implementation of the

 

restrictions, and

 

(b)    

the cumulative effect of the obligations.

 

(10B)    

The combination of obligations may amount to a deprivation of liberty

 

even if no individual obligation amounts to such a deprivation.”.’.

 

Control orders: maximum limit on daily curfews

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

Mr Virendra Sharma

 

NC9

 

To move the following Clause:—

 

‘After subsection (5) of section 1 of the Prevention of Terrorism Act 2005 there

 

is inserted—

 

“(5A)    

The duration of any prohibition or restriction on the controlled person’s

 

movements shall not exceed 12 hours in any 24 hour period.”.’.

 

Control orders: right to a fair hearing

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

Mr Virendra Sharma

 

NC10

 

To move the following Clause:—

 

‘(1)    

At the end of subsection (13) of section 3 of the Prevention of Terrorism Act 2005

 

there is inserted—


 
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