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Counter-Terrorism Bill


Counter-Terrorism Bill
Part 4 — Notification requirements

30

 

41      

Offences to which this Part applies: offences having a terrorist connection

(1)   

This Part applies to an offence listed in Schedule 3 as to which the court dealing

with the offence has determined, in accordance with—

(a)   

section 30 (sentences for offences with terrorist connection: England

and Wales), or

5

(b)   

section 31 (sentences for offences with terrorist connection: Scotland),

   

that the offence has a terrorist connection.

(2)   

A person to whom the notification requirements apply by virtue of such a

determination may appeal against it to the same court, and subject to the same

conditions, as an appeal against sentence.

10

(3)   

Where the notification requirements apply to a person by virtue of this section

and an order is made under section 32 removing the offence from Schedule 3,

the notification requirements cease to apply to that person in respect of that

offence when the order comes into force.

42      

Exclusion of offences dealt with by service courts

15

(1)   

This Part does not apply to an offence that is dealt with by a service court.

(2)   

A “service court” means the Court Martial, the Summary Appeal Court, the

Service Civilian Court or the Court Martial Appeal Court.

(3)   

Until the commencement of the relevant provisions of the Armed Forces Act

2006 (c. 52), the following is substituted for subsection (2)—

20

“(2)   

A “service court” means—

(a)   

a court-martial constituted under the Army Act 1955, the Air

Force Act or the Naval Discipline Act 1957;

(b)   

a summary appeal court constituted under section 83ZA of the

Army Act 1955, section 83ZA of the Air Force Act 1955 or

25

section 52FF of the Naval Discipline Act 1957;

(c)   

the Courts-Martial Appeal Court; or

(d)   

a Standing Civilian Court.”.

43      

Offences dealt with before commencement

(1)   

This Part applies to a person dealt with for an offence before the

30

commencement of this Part only if—

(a)   

the offence is one of those listed in section 40 (offences to which this

Part applies: terrorism offences), and

(b)   

immediately before the commencement of this Part the person—

(i)   

is imprisoned or detained in pursuance of the sentence passed

35

or order made in respect of the offence,

(ii)   

would be so imprisoned or detained but for being unlawfully at

large, absent without leave, on temporary leave or leave of

absence, or on bail pending an appeal, or

(iii)   

has been released on licence, having served the whole or part of

40

a sentence of imprisonment in respect of the offence.

(2)   

In relation to a person dealt with for an offence before the commencement of

this Part—

 
 

Counter-Terrorism Bill
Part 4 — Notification requirements

31

 

(a)   

any reference in this Part to a sentence or order under a specified

statutory provision includes a sentence or order under any

corresponding earlier statutory provision;

(b)   

any reference in this Part to a person being or having been found to be

under a disability and to have done the act charged against them in

5

respect of an offence includes a reference to their being or having been

found—

(i)   

unfit to be tried for the offence,

(ii)   

insane so that their trial for the offence cannot or could not

proceed, or

10

(iii)   

unfit to be tried and to have done the act charged against them

in respect of the offence.

Persons to whom the notification requirements apply

44      

Sentences or orders triggering notification requirements

(1)   

The notification requirements apply to a person who in England and Wales—

15

(a)   

has been convicted of an offence to which this Part applies and

sentenced in respect of the offence to—

(i)   

imprisonment (or custody) for life,

(ii)   

imprisonment (or detention in a young offender institution) for

a term of 12 months or more,

20

(iii)   

imprisonment (or detention) for public protection under section

225 of the Criminal Justice Act 2003,

(iv)   

detention for a period of 12 months or more under section 91 of

the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

(offenders under 18 convicted of certain serious offences),

25

(v)   

a detention and training order for a term of 12 months or more

under section 100 of that Act (offenders under age of 18),

(vi)   

detention for public protection under section 226 of the

Criminal Justice Act 2003 (c. 44) (serious offences committed by

persons under 18), or

30

(vii)   

detention during Her Majesty's pleasure; or

(b)   

has been—

(i)   

convicted of an offence to which this Part applies carrying a

maximum term of imprisonment of 12 months or more,

(ii)   

found not guilty by reason of insanity of such an offence, or

35

(iii)   

found to be under a disability and to have done the act charged

against them in respect of such an offence,

   

and made subject in respect of the offence to a hospital order.

(2)   

The notification requirements apply to a person who in Scotland—

(a)   

has been convicted of an offence to which this Part applies and

40

sentenced in respect of the offence to—

(i)   

imprisonment for a term of 12 months or more,

(ii)   

detention in a young offenders institution for a term of 12

months or more,

(iii)   

detention for a period of 12 months or more under section 208

45

of the Criminal Procedure (Scotland) Act 1995 (c. 46) (detention

of children convicted on indictment), or

 
 

Counter-Terrorism Bill
Part 4 — Notification requirements

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(iv)   

imprisonment under section 210A of that Act (extended

sentences for sex and violent offenders); or

(b)   

has been—

(i)   

convicted of an offence to which this Part applies carrying a

maximum term of imprisonment of twelve months or more,

5

(ii)   

acquitted of such an offence on grounds of insanity at the time

of the act or omission constituting the offence, or

(iii)   

found, following an examination of facts under section 55 of the

Criminal Procedure (Scotland) Act 1995 (insanity in bar of trial:

examination of facts) in relation to such an offence, to have done

10

the act or omission constituting the offence,

   

and made subject in respect of the offence to a hospital order.

(3)   

The notification requirements apply to a person who in Northern Ireland—

(a)   

has been convicted of an offence to which this Part applies and

sentenced in respect of the offence to—

15

(i)   

imprisonment for a term of 12 months or more,

(ii)   

detention in a young offender institution for a term of 12

months or more,

(iii)   

a juvenile justice centre order under Article 39 of the Criminal

Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504

20

(N.I. 9)) for a period of 12 months or more,

(iv)   

detention during the pleasure of the Secretary of State under

Article 45(1) of that Order (punishment of certain grave crimes

committed by a child), or

(v)   

detention under Article 45(2) of that Order for a period of 12

25

months or more; or

(b)   

has been—

(i)   

convicted of an offence to which this Part applies carrying a

maximum term of imprisonment of 12 months or more,

(ii)   

found not guilty by reason of insanity of such an offence, or

30

(iii)   

found to be under a disability and to have done the act charged

against them in respect of such an offence,

   

and made subject in respect of the offence to a hospital order.

(4)   

The references in this section to an offence carrying a maximum term of

imprisonment of 12 months or more include an offence carrying a maximum

35

term of life imprisonment and an offence for which the sentence is fixed by law

as life imprisonment.

45      

Power to amend specified terms or periods of imprisonment or detention

(1)   

The Secretary of State may by order amend the provisions of section 44

referring to a specified term or period of imprisonment or detention.

40

(2)   

An order reducing a specified term or period has effect only in relation to

persons dealt with after the order comes into force.

(3)   

Where an order increases a specified term or period—

(a)   

it has effect in relation to persons dealt with at any time, whether before

or after the order comes into force, and

45

(b)   

a person who would not have been subject to the notification

requirements if the order had been in force when the offence was dealt

 
 

Counter-Terrorism Bill
Part 4 — Notification requirements

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with (and who is not otherwise subject to those requirements) ceases to

be subject to the requirements when the order comes into force.

(4)   

An order under this section is subject to affirmative resolution procedure.

Notification requirements

46      

Initial notification

5

(1)   

A person to whom the notification requirements apply must notify the

following information to the police within the period of three days beginning

with the day on which the person is dealt with in respect of the offence in

question.

(2)   

The information required is—

10

(a)   

date of birth;

(b)   

national insurance number;

(c)   

name on the date on which the person was dealt with in respect of the

offence (where the person used one or more other names on that date,

each of those names);

15

(d)   

home address on that date;

(e)   

name on the date on which notification is made (where the person uses

one or more other names on that date, each of those names);

(f)   

home address on the date on which notification is made;

(g)   

address of any other premises in the United Kingdom at which, at the

20

time the notification is made, the person regularly resides or stays;

(h)   

any prescribed information.

(3)   

In subsection (2) “prescribed” means prescribed by regulations made by the

Secretary of State.

   

Such regulations are subject to affirmative resolution procedure.

25

(4)   

In determining the period within which notification is to be made under this

section, there shall be disregarded any time when the person is—

(a)   

remanded in or committed to custody by an order of a court,

(b)   

serving a sentence of imprisonment or detention, or

(c)   

detained in a hospital.

30

(5)   

This section does not apply to a person who—

(a)   

is subject to the notification requirements in respect of another offence

(and does not cease to be so subject before the end of the period within

which notification is to be made), and

(b)   

has complied with this section in respect of that offence.

35

(6)   

In the application of this section to a person dealt with for an offence before the

commencement of this Part who, immediately before commencement—

(a)   

would be imprisoned or detained in respect of the offence but for being

unlawfully at large, absent without leave, on temporary leave or leave

of absence, or on bail pending an appeal, or

40

(b)   

has been released on licence, having served the whole or part of a

sentence of imprisonment in respect of the offence,

   

the reference in subsection (1) to the day on which the person is dealt with in

respect of the offence shall be read as a reference to the commencement of this

Part.

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