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Counter-Terrorism Bill


Counter-Terrorism Bill
Part 4 — Notification requirements

38

 

Offences in relation to notification

53      

Offences relating to notification

(1)   

A person commits an offence who—

(a)   

fails without reasonable excuse to comply with—

section 46 (initial notification),

5

section 47 (notification of changes),

section 48 (periodic re-notification),

section 49(6) (taking of fingerprints or photographs), or

any regulations made under section 51(1) (travel outside United

Kingdom); or

10

(b)   

notifies to the police in purported compliance with—

section 46 (initial notification),

section 47 (notification of changes),

section 48 (periodic re-notification), or

any regulations made under section 51(1) (travel outside United

15

Kingdom),

   

any information that the person knows to be false.

(2)   

A person guilty of an offence under this section is liable—

(a)   

on summary conviction, to imprisonment for a term not exceeding 12

months or a fine not exceeding the statutory maximum or both;

20

(b)   

on conviction on indictment, to imprisonment for a term not exceeding

5 years or a fine or both.

(3)   

In the application of subsection (2)(a)—

(a)   

in England and Wales, in relation to an offence committed before the

commencement of section 154(1) of the Criminal Justice Act 2003, or

25

(b)   

in Northern Ireland,

   

for “12 months” substitute “6 months”.

(4)   

A person—

(a)   

commits an offence under subsection (1)(a) above on the day on which

the person first fails without reasonable excuse to comply with—

30

section 46 (initial notification),

section 47 (notification of changes),

section 48 (periodic re-notification), or

any regulations made under section 51(1) (travel outside United

Kingdom), and

35

(b)   

continues to commit it throughout any period during which the failure

continues.

   

But a person must not be prosecuted under subsection (1) more than once in

respect of the same failure.

(5)   

Proceedings for an offence under this section may be commenced in any court

40

having jurisdiction in any place where the person charged with the offence

resides or is found.

 
 

Counter-Terrorism Bill
Part 4 — Notification requirements

39

 

Supplementary provisions

54      

Notification orders

Schedule 5 makes provision for notification orders applying the notification

requirements of this Part to persons who have been dealt with outside the

United Kingdom in respect of a corresponding foreign offence.

5

55      

Foreign travel restriction orders

Schedule 6 makes provision for foreign travel restriction orders prohibiting

persons to whom the notification requirements apply from—

(a)   

travelling to a country outside the United Kingdom named or

described in the order,

10

(b)   

travelling to any country outside the United Kingdom other than a

country named or described in the order, or

(c)   

travelling to any country outside the United Kingdom.

56      

Minor definitions for Part 4

In this Part—

15

“country” includes a territory;

“detained in a hospital” means detained in a hospital under—

(a)   

Part 3 of the Mental Health Act 1983 (c. 20),

(b)   

Part 6 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or

the Mental Health (Care and Treatment) (Scotland) Act 2003

20

(asp 13), or

(c)   

Part 3 of the Mental Health (Northern Ireland) Order (S.I. 1986/

595 (N.I. 4));

“home address” means, in relation to a person—

(a)   

the address of the person’s sole or main residence in the United

25

Kingdom, or

(b)   

where the person has no such residence, the address or location

of a place in the United Kingdom where the person can

regularly be found and, if there is more than one such place,

such one of those places as the person may select;

30

“hospital order”—

(a)   

in relation to England and Wales, has the same meaning as in

the Mental Health Act 1983,

(b)   

in relation to Scotland, means an order under Part 6 of the

Criminal Procedure (Scotland) Act 1995;

35

(c)   

in relation to Northern Ireland, has the same meaning as in the

Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595

(N.I. 4));

“passport” means—

(a)   

a United Kingdom passport within the meaning of the

40

Immigration Act 1971 (c. 77), or

(b)   

a passport issued by or on behalf of the authorities of a country

outside the United Kingdom or by or on behalf of an

international organisation,

 
 

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings

40

 

and includes any document that can be used (in some or all

circumstances) instead of a passport;

“photograph” includes any process by means of which an image may be

produced;

“release” from imprisonment or detention includes release on licence but

5

not temporary release.

Part 5

Asset freezing proceedings

Introductory

57      

Asset freezing proceedings

10

(1)   

In this Part “asset freezing proceedings” means proceedings in the High Court

or the Court of Session on an application to set aside an asset freezing decision.

   

The provisions of this Part apply in relation to such proceedings brought after

the commencement of this Part.

(2)   

An “asset freezing decision” means a decision of the Treasury—

15

(a)   

to give a direction for the purposes of a UN terrorism order having the

effect of applying prohibitions in the order—

(i)   

in relation to funds specified in the direction, or

(ii)   

in relation to a person specified in the direction,

(b)   

to refuse to grant a licence exempting acts from the prohibitions in the

20

order,

(c)   

to grant such a licence subject to conditions (or to particular conditions)

or subject to an expiry date (or to a particular expiry date), or

(d)   

to vary or revoke, or to refuse to vary, such a licence.

(3)   

The UN terrorism orders are—

25

(a)   

the Terrorism (United Nations Measures) Order 2001 (S.I. 2001/3365);

(b)   

the Al-Qa’ida and Taliban (United Nations Measures) Order 2002 (S.I.

2002/111);

(c)   

the Terrorism (United Nations Measures) Order 2006 (S.I. 2006/2657);

(d)   

the Al-Qaida and Taliban (United Nations Measures) Order 2006 (S.I.

30

2006/2952).

(4)   

The Treasury may by order amend subsection (3) by—

(a)   

adding other Orders in Council made under section 1 of the United

Nations Act 1946 (c. 45),

(b)   

providing that a reference to a specified Order in Council is to that

35

Order as amended by a further Order in Council (made after the

passing of this Act), or

(c)   

removing an Order in Council.

(5)   

The order may make consequential amendments of subsection (2) above.

(6)   

An order under subsection (4) is subject to negative resolution procedure.

40

 
 

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings

41

 

Rules of court, disclosure and related matters

58      

General provisions about rules of court

(1)   

The following provisions apply to rules of court relating to—

(a)   

asset freezing proceedings, or

(b)   

proceedings on an appeal relating to asset freezing proceedings.

5

(2)   

A person making rules of court must have regard to—

(a)   

the need to secure that the decisions that are the subject of the

proceedings are properly reviewed; and

(b)   

the need to secure that disclosures of information are not made where

they would be contrary to the public interest.

10

(3)   

Rules of court may make provision—

(a)   

about the mode of proof and about evidence in the proceedings;

(b)   

enabling or requiring the proceedings to be determined without a

hearing; and

(c)   

about legal representation in the proceedings.

15

(4)   

Rules of court may make provision—

(a)   

enabling the proceedings to take place without full particulars of the

reasons for the decisions to which the proceedings relate being given to

a party to the proceedings (or to any legal representative of that party);

(b)   

enabling the court to conduct proceedings in the absence of any person,

20

including a party to the proceedings (or any legal representative of that

party);

(c)   

about the functions of a person appointed as a special advocate;

(d)   

enabling the court to give a party to the proceedings a summary of

evidence taken in the party’s absence.

25

(5)   

In this section—

(a)   

references to a party to the proceedings do not include the Treasury;

(b)   

references to a party’s legal representative do not include a person

appointed as a special advocate.

(6)   

Nothing in this section shall be read as restricting the power to make rules of

30

court or the matters to be taken into account when doing so.

59      

Rules of court about disclosure

(1)   

The following provisions apply to rules of court relating to—

(a)   

asset freezing proceedings, or

(b)   

proceedings on an appeal relating to asset freezing proceedings.

35

(2)   

Rules of court must secure that the Treasury are required to disclose—

(a)   

material on which they rely,

(b)   

material which adversely affects their case, and

(c)   

material which supports the case of a party to the proceedings.

   

This is subject to the following provisions of this section.

40

(3)   

Rules of court must secure—

(a)   

that the Treasury have the opportunity to make an application to the

court for permission not to disclose material otherwise than to—

 
 

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings

42

 

(i)   

the court, and

(ii)   

any person appointed as a special advocate;

(b)   

that such an application is always considered in the absence of every

party to the proceedings (and every party’s legal representative);

(c)   

that the court is required to give permission for material not to be

5

disclosed if it considers that the disclosure of the material would be

contrary to the public interest;

(d)   

that, if permission is given by the court not to disclose material, it must

consider requiring the Treasury to provide a summary of the material

to every party to the proceedings (and every party’s legal

10

representative);

(e)   

that the court is required to ensure that such a summary does not

contain material the disclosure of which would be contrary to the

public interest.

(4)   

Rules of court must secure that in cases where the Treasury—

15

(a)   

do not receive the court’s permission to withhold material, but elect not

to disclose it, or

(b)   

are required to provide a party to the proceedings with a summary of

material that is withheld, but elect not to provide the summary,

   

provision to the following effect applies.

20

(5)   

The court must be authorised—

(a)   

if it considers that the material or anything that is required to be

summarised might adversely affect the Treasury’s case or support the

case of a party to the proceedings, to direct that the Treasury shall not

rely on such points in their case, or shall make such concessions or take

25

such other steps, as the court may specify, or

(b)   

in any other case, to ensure that the Treasury do not rely on the material

or (as the case may be) on that which is required to be summarised.

(6)   

Nothing in this section, or in rules of court made under it, is to be read as

requiring the court to act in a manner inconsistent with Article 6 of the Human

30

Rights Convention.

(7)   

In this section—

(a)   

references to a party to the proceedings do not include the Treasury;

(b)   

references to a party’s legal representative do not include a person

appointed as a special advocate; and

35

(c)   

“the Human Rights Convention” means the Convention within the

meaning of the Human Rights Act 1998 (c. 42) (see section 21(1) of that

Act).

60      

Appointment of special advocate

(1)   

The relevant law officer may appoint a person to represent the interests of a

40

party to—

(a)   

asset freezing proceedings, or

(b)   

proceedings on an appeal, or further appeal, relating to asset freezing

proceedings,

   

in any of those proceedings from which the party (and any legal representative

45

of the party) is excluded.

   

This is referred to in this Part as appointment as “a special advocate”.

 
 

Counter-Terrorism Bill
Part 5 — Asset freezing proceedings

43

 

(2)   

A person appointed as a special advocate is not responsible to the party to the

proceedings whose interests the person is appointed to represent.

(3)   

The relevant law officer is—

(a)   

in relation to asset freezing proceedings in England and Wales, or on an

appeal or further appeal relating to such proceedings, the Attorney

5

General;

(b)   

in relation to asset freezing proceedings in Scotland, or on an appeal or

further appeal relating to such proceedings, the Advocate General for

Scotland;

(c)   

in relation to asset freezing proceedings in Northern Ireland, or on an

10

appeal or further appeal relating to such proceedings, the Advocate

General for Northern Ireland.

(4)   

A person may be appointed as a special advocate only if—

(a)   

in the case of an appointment by the Attorney General, the person has

a general legal qualification for the purposes of section 71 of the Courts

15

and Legal Services Act 1990 (c. 41);

(b)   

in the case of an appointment by the Advocate General for Scotland, the

person is an advocate or a solicitor who has rights of audience in the

Court of Session or the High Court of Justiciary by virtue of section 25A

of the Solicitors (Scotland) Act 1980 (c. 46);

20

(c)   

in the case of an appointment by the Advocate General for Northern

Ireland, the person is a member of the Bar of Northern Ireland.

(5)   

Until the coming into force of section 27 of the Justice (Northern Ireland) Act

2002 (c. 26), references in this section to the Advocate General for Northern

Ireland are to be read as references to the Attorney General for Northern

25

Ireland.

   

The coming into force of that section does not affect any appointment of a

person as a special advocate made by the Attorney General for Northern

Ireland before that time.

61      

Intercept evidence

30

(1)   

Section 18 of the Regulation of Investigatory Powers Act 2000 (c. 23)

(exceptions to exclusion of intercepted communications etc from legal

proceedings) is amended as follows.

(2)   

In subsection (1) (excepted proceedings), after paragraph (da) insert—

“(db)   

any asset freezing proceedings as defined in section 57 of the

35

Counter-Terrorism Act 2008, or any proceedings arising out of

such proceedings;”.

(3)   

In subsection (2) (persons to whom disclosure not to be made), after paragraph

(za) insert—

“(zb)   

in the case of proceedings falling within paragraph (db), to—

40

(i)   

a person, other than the Treasury, who is or was a party

to the proceedings, or

(ii)   

any person who for the purposes of the proceedings (but

otherwise than by virtue of appointment as a special

advocate) represents a person falling within sub-

45

paragraph (i);”.

 
 

 
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