Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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Power to take fingerprints and samples: transitional provision
The provisions of—
section 10 (power to take fingerprints and samples: England and Wales),
section 11 (power to take fingerprints and samples: Scotland), and
section 12 (power to take fingerprints and samples: Northern Ireland),
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have effect from the commencement of the relevant section regardless of when
the control order was made.
Retention and use of fingerprints and samples
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Material subject to the Police and Criminal Evidence Act 1984
(1)
The Police and Criminal Evidence Act 1984 (c. 60) is amended as follows.
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(2)
In section 63A(1) (fingerprints, impressions of footwear and samples: what
they may be checked against), for paragraphs (a) and (b) substitute—
“(a)
other fingerprints, impressions of footwear or samples—
(i)
to which the person seeking to check has access and
which are held by or on behalf of any one or more
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relevant law-enforcement authorities or are held in
connection with or as a result of an investigation of an
offence, or
(ii)
which are held by or on behalf of the Security Service or
the Secret Intelligence Service;
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(b)
information derived from other samples—
(i)
which is contained in records to which the person
seeking to check has access and which are held as
mentioned in paragraph (a)(i) above, or
(ii)
which is held by or on behalf of the Security Service or
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the Secret Intelligence Service.”.
(3)
In section 63A(1ZA) (fingerprints from a person whose identity is unclear:
what they may be checked against), for the words from “other fingerprints” to
the end, substitute “—
(a)
other fingerprints to which the person seeking to check has
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access and which are held by or on behalf of any one or more
relevant law-enforcement authorities or which are held in
connection with or as a result of an investigation of an offence,
or
(b)
which are held by or on behalf of the Security Service or the
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Secret Intelligence Service.”.
(4)
In section 64(1A) of that Act (purposes for which fingerprints, impressions of
footwear or samples may be retained and used), for the words from “except for
purposes” to the end substitute “except as described in subsection (1AB)”.
(5)
After subsection (1AA) (inserted by section 10), insert—
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“(1AB)
The fingerprints, impressions of footwear or samples may be used—
(a)
in the interests of national security,
(b)
for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution, or

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Part 1 — Powers to gather and share information
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(c)
for purposes related to the identification of a deceased person or
of the person from whom the material came.”.
(6)
In subsection (1B) of that section, after “(1AA)” (inserted by section 10) insert
“or (1AB)”.
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Material subject to the Police and Criminal Evidence (Northern Ireland)
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Order 1989
(1)
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/
1341 (N.I. 12)) is amended as follows.
(2)
In Article 63A(1) (fingerprints and samples: what they may be checked
against), for paragraphs (a) and (b), substitute—
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“(a)
other fingerprints, impressions of footwear or samples—
(i)
to which the person seeking to check has access and
which are held by or on behalf of any one or more
relevant law-enforcement authorities or are held in
connection with or as a result of an investigation of an
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offence, or
(ii)
which are held by or on behalf of the Security Service or
the Secret Intelligence Service;
(b)
information derived from other samples—
(i)
which is contained in records to which the person
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seeking to check has access and which are held as
mentioned in paragraph (a)(i) above, or
(ii)
which is held by or on behalf of the Security Service or
the Secret Intelligence Service.”.
(3)
In Article 63A(1ZA) (fingerprints from a person whose identity is unclear:
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what they may be checked against), for “other fingerprints” to the end,
substitute “—
(a)
other fingerprints to which the person seeking to check has
access and which are held by or on behalf of any one or more
relevant law-enforcement authorities or which are held in
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connection with or as a result of an investigation of an offence,
or
(b)
which are held by or on behalf of the Security Service or the
Secret Intelligence Service.”.
(4)
In Article 64(1A) of that Order (purposes for which fingerprints or samples
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may be retained and used), for the words from “except for purposes” to the end
substitute “except as described in paragraph (1AB)”.
(5)
After paragraph (1AA) (inserted by section 12) insert—
“(1AB)
The fingerprints, impressions of footwear or samples may be used—
(a)
in the interests of national security,
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(b)
for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution, or
(c)
for purposes related to the identification of a deceased person or
of the person from whom the material came.”.
(6)
In paragraph (1B) of that Article, after “(1AA)” (inserted by section 12) insert
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“or (1AB)”.

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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Material subject to the Terrorism Act 2000: England and Wales and Northern
Ireland
(1)
Paragraph 14 of Schedule 8 to the Terrorism Act 2000 (rights of persons
detained in England, Wales or Northern Ireland: retention and use of
fingerprints and samples etc) is amended as follows.
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(2)
In sub-paragraph (2) (purposes for which fingerprints and samples may be
used) for the words from “or for purposes related” to the end substitute “or as
mentioned in sub-paragraph (2A)”.
(3)
After that sub-paragraph insert—
   “(2A)
The fingerprints or samples may be used—
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(a)
in the interests of national security,
(b)
for purposes related to the prevention or detection of crime,
the investigation of an offence or the conduct of a
prosecution, or
(c)
for purposes related to the identification of a deceased person
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or of the person from whom the material came.”.
(4)
Omit sub-paragraph (3).
(5)
In sub-paragraph (4) (what fingerprints, samples or other information may be
checked against), after paragraph (b) insert—
“(ba)
material to which section 18 of the Counter-Terrorism Act
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2008 applies,”.
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Material subject to the Terrorism Act 2000: Scotland
(1)
Part 1 of Schedule 8 to the Terrorism Act 2000 (treatment of detained persons)
is amended as follows.
(2)
In paragraph 20 (persons detained in Scotland: fingerprinting etc), in sub-
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paragraph (3) (retention and use of physical data or samples), for the words
from “except” to the end substitute “except—
(a)
for the purposes of a terrorist investigation,
(b)
in the interests of national security, or
(c)
for purposes related to the prevention or detection of crime,
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the investigation of an offence or the conduct of a
prosecution.”.
(3)
After paragraph 20, insert—
“21   (1)
Section 20 of the Criminal Procedure (Scotland) Act 1995 applies to
relevant physical data or samples taken from a person detained
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under Schedule 7 or section 41 at a police station in Scotland with the
following modifications.
      (2)
Omit the references to impressions.
      (3)
For the words from “against other such data” to the end substitute “,
subject to paragraph 20(3) of Schedule 8 to the Terrorism Act 2000,
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against—
(a)
other such data, samples and information,
(b)
any of the fingerprints, samples and information mentioned
in section 63A(1)(a) and (b) of the Police and Criminal

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Evidence Act 1984 (c. 60) (checking of fingerprints and
samples), and
(c)
material to which section 18 of the Counter-Terrorism Act
2008 applies.”.
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Material not subject to existing statutory restrictions
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(1)
This section applies to—
(a)
DNA samples or profiles, or
(b)
fingerprints,

that are not held subject to existing statutory restrictions.
(2)
Material to which this section applies that is held by a law enforcement
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authority in England and Wales or Northern Ireland may be retained by that
authority and used—
(a)
in the interests of national security,
(b)
for purposes related to the prevention or detection of crime, the
investigation of an offence or the conduct of a prosecution, or
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(c)
for purposes related to the identification of a deceased person or of the
person from whom the material came,

if the following condition is met.
(3)
The condition is that the material has been—
(a)
obtained by the authority—
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(i)
pursuant to an authorisation under Part 3 of the Police Act 1997
(c. 50) (authorisation of action in respect of property), or
(ii)
in the course of surveillance, or use of a covert human
intelligence source, authorised under Part 2 of the Regulation of
Investigatory Powers Act 2000 (c. 23),
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(b)
supplied to the authority by another law enforcement authority, or
(c)
otherwise lawfully obtained or acquired by the authority for any of the
purposes mentioned in subsection (2).
(4)
In subsection (2)—
(a)
the reference to using material includes allowing a check to be made
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against it, or against information derived from it, or disclosing it to any
person;
(b)
the reference to crime includes any conduct that—
(i)
constitutes a criminal offence (whether under the law of a part
of the United Kingdom or of a country or territory outside the
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United Kingdom), or
(ii)
is, or corresponds to, conduct that, if it took place in the United
Kingdom, would constitute a criminal offence;
(c)
the references to investigation and prosecution include, respectively,
the investigation outside the United Kingdom of a crime or suspected
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crime and a prosecution brought in respect of a crime in a country or
territory outside the United Kingdom.
(5)
In this section—
“DNA sample” means any material that has come from a human body
and consists of or includes human cells;
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“DNA profile” means any information derived from a DNA sample;

Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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“fingerprints” means a record (in any form and produced by any method)
of the skin pattern and other physical characteristics or features of a
person’s fingers or either of a person’s palms;
“law enforcement authority” means a police force, the Serious Organised
Crime Agency or the Commissioners for Her Majesty’s Revenue and
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Customs or an authority having functions under the law of a country or
territory outside the United Kingdom—
(a)
corresponding to those of a police force, or
(b)
otherwise involving the investigation or prosecution of
offences;
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“police force” means any of the following—
(a)
the metropolitan police force;
(b)
a police force maintained under section 2 of the Police Act 1996
(c. 16) (police forces in England and Wales outside London);
(c)
the City of London police force;
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(d)
any police force maintained under or by virtue of section 1 of
the Police (Scotland) Act 1967 (c. 77);
(e)
the Police Service of Northern Ireland;
(f)
the Police Service of Northern Ireland Reserve;
(g)
the Ministry of Defence Police;
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(h)
the Royal Navy Police;
(i)
the Royal Military Police;
(j)
the Royal Air Force Police;
(k)
the British Transport Police.
(6)
The following are “the existing statutory restrictions” referred to in subsection
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(1)—
(a)
sections 63A and 64 of the Police and Criminal Evidence Act 1984
(c. 60);
(b)
Articles 63A and 64 of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));
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(c)
paragraph 14 or 20(3) of Schedule 8 to the Terrorism Act 2000 (c. 11);
(d)
section 2(2) of the Security Service Act 1989 (c. 5);
(e)
section 1(2) of the Intelligence Services Act 1994 (c. 13).
Disclosure of information and the intelligence services
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Disclosure and the intelligence services
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(1)
A person may disclose information to any of the intelligence services for the
purposes of the exercise by that service of any of its functions.
(2)
Information obtained by any of the intelligence services in connection with the
exercise of any of its functions may be used by that service in connection with
the exercise of any of its other functions.
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(3)
Information obtained by the Security Service for the purposes of any of its
functions may be disclosed by it—
(a)
for the purpose of the proper discharge of its functions,
(b)
for the purpose of the prevention or detection of serious crime, or
(c)
for the purpose of any criminal proceedings.
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Counter-Terrorism Bill
Part 1 — Powers to gather and share information
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(4)
Information obtained by the Secret Intelligence Service for the purposes of any
of its functions may be disclosed by it—
(a)
for the purpose of the proper discharge of its functions,
(b)
in the interests of national security,
(c)
for the purpose of the prevention or detection of serious crime, or
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(d)
for the purpose of any criminal proceedings.
(5)
Information obtained by GCHQ for the purposes of any of its functions may be
disclosed by it—
(a)
for the purpose of the proper discharge of its functions, or
(b)
for the purpose of any criminal proceedings.
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(6)
A disclosure under this section does not breach—
(a)
any obligation of confidence owed by the person making the
disclosure, or
(b)
any other restriction on the disclosure of information (however
imposed).
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(7)
The provisions of this section are subject to section 20 (savings and other
supplementary provisions).
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Disclosure and the intelligence services: supplementary provisions
(1)
The provisions of section 19 (disclosure and use of information) do not affect
the duties with respect to the obtaining or disclosure of information imposed—
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(a)
on the Director-General of the Security Service, by section 2(2) of the
Security Service Act 1989 (c. 5);
(b)
on the Chief of the Intelligence Service, by section 2(2) of the
Intelligence Services Act 1994 (c. 13);
(c)
on the Director of GCHQ, by section 4(2) of that Act.
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(2)
Nothing in that section authorises a disclosure that—
(a)
contravenes the Data Protection Act 1998 (c. 29), or
(b)
is prohibited by Part 1 of the Regulation of Investigatory Powers Act
2000 (c. 23).
(3)
The provisions of that section are without prejudice to any rule of law
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authorising the obtaining, use or disclosure of information by any of the
intelligence services.
(4)
Nothing in that section shall be read as casting doubt on the legality of
anything done by any of the intelligence services before that section came into
force.
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(5)
Schedule 1 contains amendments consequential on that section.
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Disclosure and the intelligence services: interpretation
(1)
In sections 19 and 20 “the intelligence services” means the Security Service, the
Secret Intelligence Service and GCHQ.
(2)
References in section 19 to the functions of those services are—
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(a)
in the case of the Security Service, to the functions specified in section
1(2) to (4) of the Security Service Act 1989;

Counter-Terrorism Bill
Part 2 — Detention and questioning of terrorist suspects
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(b)
in the case of the Secret Intelligence Service, to the functions specified
in section 1(1)(a) and (b) of the Intelligence Services Act 1994 (c. 13),
exercised in accordance with section 1(2) of that Act;
(c)
in the case of GCHQ—
(i)
to the functions specified in section 3(1)(a) of that Act, exercised
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in accordance with section 3(2) of that Act, and
(ii)
to the functions specified in section 3(1)(b) of that Act.
(3)
In sections 19, 20 and this section “GCHQ” has the same meaning as in the
Intelligence Services Act 1994 (see section 3(3) of that Act).
(4)
Section 81(5) of the Regulation of Investigatory Powers Act 2000 (c. 23)
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(meaning of “prevention” and “detection”), so far as it relates to serious crime,
applies for the purposes of section 19 as it applies for the purposes of the
provisions of that Act not contained in Chapter 1 of Part 1.
Part 2
Detention and questioning of terrorist suspects
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Pre-charge detention
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Period of pre-charge detention
Schedule 2 to this Act contains amendments relating to the period for which a
person may be detained under section 41 of the Terrorism Act 2000 (c. 11)
(arrest and detention of suspected terrorists).
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Pre-charge detention: minor amendments
(1)
In paragraph 9 of Schedule 8 to the Terrorism Act 2000 (direction that detained
person may consult solicitor only within sight and hearing of qualified officer),
for sub-paragraph (3) (grounds on which direction may be given) substitute—
    “(3)
A direction under this paragraph may be given only if the officer
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giving it has reasonable grounds for believing—
(a)
that, unless the direction is given, the exercise of the right by
the detained person will have any of the consequences
specified in paragraph 8(4), or
(b)
that the detained person has benefited from his criminal
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conduct and that, unless the direction is given, the exercise of
the right by the detained person will hinder the recovery of
the value of the property constituting the benefit.”.
(2)
In paragraph 29(4) of that Schedule (meaning of “judicial authority”), in
paragraphs (a) and (c) omit “after consulting the Lord Chancellor”.
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Post-charge questioning
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Post-charge questioning: England and Wales
(1)
The following provisions apply in England and Wales.