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| |
| |
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| | (b) | in relation to an inquest that has begun, at any time before its |
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| | |
| | (3) | Where a certificate has effect in relation to an inquest, the inquest must |
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| | be held or (as the case may be) continued without a jury, so that— |
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| | (a) | if a jury has not been summoned, the coroner must not cause a |
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| | |
| | (b) | if a jury has been summoned, the coroner must discharge the |
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| | |
| | (4) | Accordingly, the following do not apply in relation to the inquest whilst |
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| | the certificate has effect— |
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| | (a) | the power under subsection (1) of section 13 or subsection (2) of |
|
| | section 18 to hold the inquest or part of the inquest with a jury, |
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| | |
| | (b) | the duty under subsection (1) of section 18 to hold the inquest |
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| | with a jury in the circumstances set out in that subsection. |
|
| | (5) | A certificate has effect in relation to an inquest until it is revoked by the |
|
| | Secretary of State; and the Secretary of State may revoke a certificate in |
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| | |
| | (a) | before it has begun, or |
|
| | (b) | after it has begun, at any time before its conclusion. |
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| | (6) | Where a certificate issued in relation to an inquest is revoked— |
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| | (a) | if subsection (1) of section 18 applies in relation to the inquest, |
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| | the coroner must cause a jury to be summoned in accordance |
|
| | with that subsection, and |
|
| | (b) | otherwise, if it appears to the coroner that it is desirable to |
|
| | summon a jury, the coroner may cause a jury to be summoned in |
|
| | accordance with that subsection. |
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| | (7) | If a jury is summoned— |
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| | (a) | the coroner must proceed in all respects as if the inquest had not |
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| | |
| | (b) | the provisions of this Act apply accordingly as if that were the |
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| | |
| | (4) | This section has effect in relation to inquests that have begun, but have not been |
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| | concluded, before the day on which it comes into force as well as to inquests |
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| | beginning on or after that day.’. |
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| |
| | Offences related to terrorism: evidence |
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| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | In considering whether a person is involved in terrorism, the Court may take |
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| | account of any evidence admissible under the Regulation of Investigatory Powers |
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| | |
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| |
| |
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| | (2) | Schedule [Intercept evidence] (which makes provision for the admissibility of |
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| | intercept evidence in cases involving terrorism) has effect.’. |
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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 |
|
| | 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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|
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| |
| |
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| | (b) | that there are reasonable grounds for believing that the |
|
| | 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 |
|
| | 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 |
|
| | (1)(b) or otherwise under this Act); |
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| | (b) | it ceases to have effect under section 4; or |
|
| | |
| | (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 |
|
| | from whichever is the earlier of— |
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| | (a) | the time when the order would otherwise have ceased to have |
|
| | |
| | (b) | the beginning of the seventh day after the date of renewal. |
|
| | (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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| | |
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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 |
|
| | preventing or restricting involvement by that person in terrorism- |
|
| | |
| | (c) | the court has been informed by the Director of Public |
|
| | Prosecutions that there is no reasonable prospect of a successful |
|
| | prosecution of the individual for the terrorism-related activity. |
|
| | (11) | Where, on an application for the renewal of a control order, it appears to |
|
| | |
| | (a) | that the proceedings on the applications are unlikely to be |
|
| | completed before the time when the order is due to cease to have |
|
| | effect if not renewed, and |
|
| | (b) | that is not attributable to an unreasonable delay on the part of the |
|
| | Secretary of State in the making or conduct of the application, |
|
| | the court may (on one or more occasions) extend the period for |
|
| | which the order is to remain in force for the purpose of keeping |
|
| | it in force until the conclusion of the proceedings. |
|
| | (12) | Where the court exercises its power under subsection (11) and |
|
| | subsequently renews the control order in question, the period of any |
|
| | renewal still runs from the time when the order would have ceased to |
|
| | have effect apart from that subsection. |
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| | (13) | It shall be immaterial, for the purposes of determining what obligations |
|
| | may be imposed by a control order made by the court, whether the |
|
| | involvement in terrorism-related activity to be prevented or restricted by |
|
| | the obligations is connected with matters in relation to which the |
|
| | requirements of paragraph (a) of subsection (3) or paragraph (a) of |
|
| | subsection (7) were satisfied.”’. |
|
| |
| | |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Section 3 of the Terrorism Act 2000 (c. 11) (proscription) is amended as follows. |
|
| | (2) | In subsection (5) after paragraph (d) insert— |
|
| | “(e) | has been involved in support or acts of terrorism.”’. |
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| |
|
|
| |
| |
|
| | Discharge of notification requirements |
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| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | A person subject to notification requirements may apply to the court that made |
|
| | the determination for an order discharging the person from notification. |
|
| | (2) | The court may only discharge the person from notification requirements if |
|
| | satisfied that there are exceptional circumstances indicating that the person no |
|
| | longer presents a danger to national security or to public safety. |
|
| | (3) | The court may not discharge the notification requirements before the end of the |
|
| | period of five years beginning with the date on which the notification requirement |
|
| | |
| |
| | |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State must, within 12 months of the passing of this Act, make |
|
| | regulations which make provision for the use of plea negotiation for defendants |
|
| | charged with terrorism offences or offences with a terrorist connection. |
|
| | (2) | Regulations made under subsection (1) may provide for the circumstances in |
|
| | which defendants can mitigate their sentence by pleading guilty at trial. |
|
| | (3) | The Secretary of State may before making regulations under subsection (1), |
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| | consult such organisation as she considers appropriate.’. |
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| |
| | Provision for victims of overseas terrorism |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State shall make a scheme, to be known as the Overseas |
|
| | Terrorism Compensation Scheme (in this section and section [compensation |
|
| | scheme: further provision], “the Scheme”), for the purpose of making awards of |
|
| | compensation to, or in respect of, victims of overseas terrorism. |
|
| | (2) | For the purposes of this section and section [compensation scheme: further |
|
| | |
|
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| |
| |
|
| | “act of terrorism” means an act involving serious violence against a person |
|
| | or serious damage to property, done for the purpose of advancing a |
|
| | political, religious or ideological cause and designed to— |
|
| | (a) | overthrow or influence the government of the United Kingdom, |
|
| | any other government, de jure or de facto, or an international |
|
| | governmental organisation, or |
|
| | (b) | intimidate the public or a section of the public; |
|
| | “award” means an award of compensation under the provisions of the |
|
| | |
| | “specified” means specified by the Scheme; and |
|
| | “victim of overseas terrorism” means a British citizen ordinarily resident in |
|
| | the United Kingdom who has sustained injury as a direct result of an act |
|
| | of terrorism taking place outside the United Kingdom on or after 1st |
|
| | |
| | (3) | The Scheme shall provide, in particular, for— |
|
| | (a) | the circumstances in which awards may be made, and |
|
| | (b) | the categories of person to whom awards may be made, which need not |
|
| | include persons who have unreasonably entered or remained in the place |
|
| | where the act of terrorism occurred contrary to advice issued by the |
|
| | government of the United Kingdom. |
|
| | (4) | An award shall include in particular— |
|
| | (a) | a standard amount of compensation, determined by reference to the |
|
| | |
| | (b) | in such cases as may be specified, additional amounts of compensation |
|
| | calculated by reference to loss of earnings, the cost of care and medical |
|
| | treatment, the cost of accommodation, and such other kinds of loss and |
|
| | expense as may be specified, |
|
| | | and in general shall be no less than would be awarded, had the act of terrorism |
|
| | taken place in the part of the United Kingdom where the injured person is |
|
| | ordinarily resident, under a scheme for compensation for criminal injuries for the |
|
| | |
| | (5) | Provision shall be made, in calculating the amount of an award, for taking into |
|
| | account, in such cases and in such manner as may be specified, specified |
|
| | compensation, benefits or other sums payable to the injured person, or (in a case |
|
| | of fatal injuries) to the person entitled to an award in respect of the injured person, |
|
| | |
| | (a) | compensation receivable pursuant to the provisions of a specified scheme |
|
| | applicable in the place where the injury took place; |
|
| | (b) | specified benefits payable, whether or not out of public funds and in the |
|
| | United Kingdom or elsewhere; |
|
| | (c) | compensation payable as a result of a claim which has been, or could |
|
| | reasonably be, made in legal proceedings against a person responsible for |
|
| | |
| | (d) | sums payable in respect of the injury (and any consequential loss) under |
|
| | a policy of insurance of a specified kind issued to, or for the benefit of, |
|
| | |
| |
|
|
| |
| |
|
| | Compensation scheme: further provision |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Scheme shall be made by statutory instrument subject to affirmative |
|
| | |
| | (2) | The Scheme must make provision for— |
|
| | (a) | determination, review and appeal procedures; |
|
| | |
| | (3) | The Scheme may make provision, among other things, for— |
|
| | (a) | standard amounts of compensation in specified cases; |
|
| | (b) | maximum limits on the amount of awards, |
|
| | | and may include supplemental and transitional provision. |
|
| | (4) | Sums required for payment of compensation in accordance with the scheme, and |
|
| | any expenses incurred in connection with the scheme, may (but need not) be |
|
| | provided out of money provided by Parliament.’. |
|
| |
| | Proscribed organisations (No. 2) |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | Section 3 of the Terrorism Act 2000 (c. 11) is amended as follows. |
|
| | (2) | In subsection (5) after paragraph (d) insert— |
|
| | “(e) | has been involved in support or acts of terrorism and has not |
|
| | unequivocally renounced support of terrorism.”.’. |
|
| |
| | Intercept evidence: regulations |
|
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The Secretary of State must, by 31st July 2010, make regulations which make |
|
| | provision for the use of “intercept evidence” and “metering evidence” in criminal |
|
| | |
|