|
| |
|
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 |
| |
| 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 |
| |
| 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 |
| |
| for “12 months” substitute “6 months”. |
| |
| |
(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 |
| |
| 35 |
(b) | continues to commit it throughout any period during which the failure |
| |
| |
| 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 |
| |
| |
|
| |
|
| |
|
| |
| |
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 |
| |
| 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 |
| |
| 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 |
| |
(c) | Part 3 of the Mental Health (Northern Ireland) Order (S.I. 1986/ |
| |
| |
“home address” means, in relation to a person— |
| |
(a) | the address of the person’s sole or main residence in the United |
| 25 |
| |
(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 |
| |
(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 |
| |
| |
| |
(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, |
| |
|
| |
|
| |
|
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 |
| |
| |
“release” from imprisonment or detention includes release on licence but |
| 5 |
| |
| |
Asset freezing proceedings |
| |
| |
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 |
| |
(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. |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| |
(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 |
| |
(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— |
| |
|
| |
|
| |
|
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
60 | Appointment of special advocate |
| |
(1) | The relevant law officer may appoint a person to represent the interests of a |
| 40 |
| |
(a) | asset freezing proceedings, or |
| |
(b) | proceedings on an appeal, or further appeal, relating to asset freezing |
| |
| |
| 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”. |
| |
|
| |
|
| |
|
(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 |
| |
(b) | in relation to asset freezing proceedings in Scotland, or on an appeal or |
| |
further appeal relating to such proceedings, the Advocate General for |
| |
| |
(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 |
| |
| 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. |
| |
| 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 |
| |
| |
(3) | In subsection (2) (persons to whom disclosure not to be made), after paragraph |
| |
| |
“(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 |
| |
| |
(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 |
| |
|
| |
|