House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Notices of Amendments: 25th April 2008
90

Counter-Terrorism Bill, continued

Tom Brake

Mr David Heath

11

Clause  19,  page  15,  line  17,  at end add—

‘(8)
Nothing in this section shall require a person to disclose information to any of the

intelligence services for any purpose.’.

Mr Dominic Grieve

Mr Crispin Blunt

Patrick Mercer

69

Clause  20,  page  15,  line  33,  leave out subsection (4).

Mr Tony McNulty

74

Clause  20,  page  15,  line  35,  at end insert—

‘( )
Schedule (Disclosure and the intelligence services: consequential amendments)

contains amendments consequential on that section.’.

Tom Brake

Mr David Heath

12

Page  16,  line  14,  leave out Clause 22.

Mr Tony McNulty

75

Schedule  1,  page  70,  line  3,  after ‘(5)’ insert ‘to (7)’.

Tom Brake

Mr David Heath

13

Page  61,  line  2,  leave out Schedule 1.

Notices of Amendments: 25th April 2008
91

Counter-Terrorism Bill, continued

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.’.

Tom Brake

Mr David Heath

14

Clause  23,  page  16,  line  25,  after ‘offence’, insert ‘, at any time up to the

commencement of the trial,’.

Mr Dominic Grieve

Mr Crispin Blunt

Patrick Mercer

91


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

Tom Brake

Mr David Heath

15

Clause  23,  page  16,  line  26,  leave out ‘or’ and insert ‘and’.

Tom Brake

Mr David Heath

17

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

‘(iii)
has, after satisfying himself that the original charge was

appropriate and that further questioning would be in the interests

of justice, given authority for the constable to question the

person.’.

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

(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—

Notices of Amendments: 25th April 2008
92

Counter-Terrorism Bill, continued

(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.’.

Tom Brake

Mr David Heath

16

Clause  23,  page  16,  line  34,  leave out ‘may’ and insert ‘must’.

Tom Brake

Mr David Heath

18

Clause  23,  page  16,  line  35,  at end insert—

‘(4A)
Codes of practice made under subsection (4) must include provision for—

(a)
questioning to take place only in the presence of a lawyer representing

the interests of the accused person;

(b)
a transcript to be made available to the judge authorising the questioning

under subsection (3);

(c)
the questioning to be subject to a video recording;

(d)
for the purpose of the questioning to be confined to questioning about

new evidence which has become available since the accused person was

charged; and

(e)
preventing oppressive questioning by specifying appropriate time limits.

(4B)
Prior to the commencement of the trial the judge must review any transcripts

made available to him under subsection (4A)(b) having regard to subsections

(4A)(d) and (e).’.

Tom Brake

Mr David Heath

19

Clause  23,  page  17,  line  2,  leave out subsections (6) and (7).

Mr Dominic Grieve

Mr Crispin Blunt

Patrick Mercer

93


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

Notices of Amendments: 25th April 2008
93

Counter-Terrorism Bill, continued

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.’.

Tom Brake

Mr David Heath

21

Clause  25,  page  17,  line  32,  at end insert ‘, at any time up to the commencement of

the trial,’.

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.’.

Tom Brake

Mr David Heath

22

Clause  25,  page  17,  line  32,  at end insert ‘, and

(c)
a judge of the Crown Court has, after satisfying himself that the original

charge was appropriate and that further questioning would be in the

interests of justice, given authority for the constable to question the

person.’.

Notices of Amendments: 25th April 2008
94

Counter-Terrorism Bill, continued

Tom Brake

Mr David Heath

23

Clause  25,  page  17,  line  34,  leave out ‘may’ and insert ‘must’.

Tom Brake

Mr David Heath

24

Clause  25,  page  17,  line  36,  at end insert—

‘(3A)
Codes of practice made under subsection (3) must include provision for—

(a)
questioning to take place only in the presence of a lawyer representing

the interests of the accused person;

(b)
a transcript to be made available to the judge authorising the questioning

under subsection (3);

(c)
the questioning to be subject to a video recording;

(d)
for the purpose of the questioning to be confined to questioning about

new evidence which has become available since the accused person was

charged; and

(e)
preventing oppressive questioning by specifying appropriate time limits.

(3B)
Prior to the commencement of the trial the judge must review any transcripts

made available to him under subsection (3A)(b) having regard to subsections

(3A)(d) and (e).’.

Tom Brake

Mr David Heath

25

Clause  25,  page  18,  line  1,  leave out subsections (5) and (6).

Tom Brake

Mr David Heath

26

Clause  26,  page  19,  line  11,  at end insert—

(e)
the common law offences of murder, manslaughter, culpable homicide,

kidnapping or abduction, in relation to an offence listed in subsection (1)

above.’.

Tom Brake

Mr David Heath

50

Clause  27,  page  20,  line  20,  at end add—

‘(7)
Where this section applies to an offence committed in Scotland, proceedings may

only be taken in another part of the United Kingdom following consultation with,

and with the consent of, the Lord Advocate.’.

Notices of Amendments: 25th April 2008
95

Counter-Terrorism Bill, continued

Mr Tony McNulty

76

Clause  29,  page  20,  line  32,  after ‘If’ insert ‘having regard to the material before it

for the purposes of sentencing’.

Tom Brake

Mr David Heath

27

Clause  29,  page  20,  line  33,  leave out ‘court’ and insert ‘jury’.

Tom Brake

Mr David Heath

28

Clause  29,  page  20,  line  37,  leave out ‘determines’ and insert ‘is satisfied beyond

reasonable doubt’.

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 Tony McNulty

That Clause 45 be transferred to end of line 24 on page 29.

Tom Brake

Mr David Heath

35

Clause  42,  page  30,  leave out lines 33 to 34.

Tom Brake

Mr David Heath

33

Clause  42,  page  30,  leave out lines 42 to 44.

Notices of Amendments: 25th April 2008
96

Counter-Terrorism Bill, continued

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.’.

Tom Brake

Mr David Heath

37

Clause  42,  page  31,  leave out lines 4 to 8.

Tom Brake

Mr David Heath

38

Clause  42,  page  31,  leave out lines 14 to 19.

Tom Brake

Mr David Heath

36

Clause  42,  page  31,  leave out lines 27 to 32.

Tom Brake

Mr David Heath

34

Clause  42,  page  31,  leave out lines 38 to 40.

Tom Brake

Mr David Heath

39

Clause  51,  page  36,  line  8,  leave out ‘an indefinite period’ and insert ‘five years’.

Tom Brake

Mr David Heath

40

Clause  51,  page  36,  line  44,  at end insert—

‘(1A)
Notification requirements in relation to offences under subsection (1) may be

renewed on one or more occasions if it is considered necessary for purposes

connected with protecting members of the public from a risk of terrorism, for the

notification requirements to continue in force.’.

Tom Brake

Mr David Heath

41

Clause  51,  page  36,  line  45,  leave out ‘10’ and insert ‘5’.