Counter-Terrorism Bill

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Counter-Terrorism Bill

Counter-Terrorism Bill
Schedule 2 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
67

(i)
the end of the period of 7 days beginning with that
time, or
(ii)
the end of the period of 42 days beginning with the
relevant time.
      (5)
A senior judge may further extend the period specified in a
5
warrant by a shorter period than is required by sub-paragraph (4)
if—
(a)
the application for the extension is an application for an
extension by a period that is shorter than is so required, or
(b)
the senior judge is satisfied that there are circumstances
10
that would make it inappropriate for the period of the
extension to be as long as the period so required.
      (6)
Where the specified period is extended under this paragraph—
(a)
the warrant must be endorsed with a note stating the new
specified period, and
15
(b)
if the period is extended to a time that is more than 28 days
after the relevant time, it is the duty of the applicant (in
Scotland, of the Crown Agent)—
(i)
to inform the Secretary of State forthwith, and
(ii)
to provide the Secretary of State, as soon as
20
practicable, with the information required by
paragraph 44(3) and (4) (information to be
contained in statement to Parliament).
Application to court: supplementary provisions
43    (1)
Paragraphs 30(3) and 31 to 34 apply to an application under
25
paragraph 42 as they apply to an application for a warrant of
further detention, but—
(a)
as if references to a judicial authority were to a senior
judge, and
(b)
as if references to the judicial authority in question were to
30
the senior judge in question.
      (2)
A senior judge may adjourn the hearing of an application under
paragraph 42 only if the hearing is adjourned to a date before the
end of the period specified in the warrant.

This does not apply to an adjournment under paragraph 33(2).
35
      (3)
In this Part of this Schedule “the relevant time”, in relation to a
person, means—
(a)
the time of that person’s arrest under section 41, or
(b)
if that person was being detained under Schedule 7 at the
time of that person’s arrest under section 41, the time when
40
that person’s examination under that Schedule began.
      (4)
In this Part of this Schedule “senior judge” means—
(a)
in England and Wales—
(i)
a judge of the High Court, or
(ii)
a circuit judge designated for the purposes of
45
paragraph 42 by the Lord Chief Justice of England
and Wales;

Counter-Terrorism Bill
Schedule 2 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
68

(b)
in Scotland—
(i)
a judge of the High Court of Justiciary, or
(ii)
the sheriff;
(c)
in Northern Ireland—
(i)
a judge of the High Court, or
5
(ii)
a county court judge designated for the purposes of
paragraph 42 by the Lord Chief Justice of Northern
Ireland.
      (5)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
10
exercise the functions conferred on the Lord Chief Justice by sub-
paragraph (4)(a).
      (6)
The Lord Chief Justice of Northern Ireland may nominate any of
the following to exercise the functions conferred on the Lord Chief
Justice by sub-paragraph (4)(c)—
15
(a)
the holder of one of the offices listed in Schedule 1 to the
Justice (Northern Ireland) Act 2002;
(b)
a Lord Justice of Appeal (as defined in section 88 of that
Act).
Parliament to be informed if court authorises detention beyond 28 days
20
44    (1)
If on an application under paragraph 42 the court extends the
period specified in the warrant of further detention under which a
person is detained to a time that is more than 28 days after the
relevant time, the Secretary of State must inform Parliament.
      (2)
The Secretary of State must lay a statement before Parliament as
25
soon as practicable after the period has been extended.
      (3)
The statement must specify—
(a)
the date on which the period was further extended,
(b)
the number of days by which the period has been
extended, and
30
(c)
the total number of days for which the person’s detention
has been authorised—
(i)
beginning with the relevant time, and
(ii)
ending with the last day of the period specified in
the warrant.
35
      (4)
The statement must also give details of—
(a)
the court that heard the application under paragraph 42 in
relation to the detained person; and
(b)
the place where the person is being detained.
      (5)
The statement must not include—
40
(a)
any details of the person detained, or
(b)
any material that might prejudice the prosecution of any
person.

Counter-Terrorism Bill
Schedule 2 — Amendments relating to period of pre-charge detention
Part 1 — Reserve power to extend maximum period of detention
69

Cessation of reserve power
45    (1)
The reserve power ceases to be available at the end of the period
of 60 days beginning with the day on which it became available.
      (2)
If the decision of the Secretary of State to make the reserve power
available is not approved by resolution of each House of
5
Parliament before the end of the period of 30 days beginning with
the day on which the power became available, the reserve power
ceases to be available at the end of that period.
      (3)
If before the end of that period of 30 days either House of
Parliament negatives a motion moved by a Minister of the Crown
10
to approve the decision of the Secretary of State to make the
reserve power available, the reserve power ceases to be available
after the date on which the motion is negatived.
      (4)
When the reserve power ceases to be available, the officer having
custody of a person whose detention—
15
(a)
was authorised by virtue of that power, and
(b)
is not otherwise authorised by law,

must release that person immediately.
      (5)
The cessation of the availability of the reserve power under this
paragraph does not affect the validity of anything previously done
20
by virtue of that power.
Independent review and report
46    (1)
After the end of any period during which the reserve power was
available, the person appointed under section 36 of the Terrorism
Act 2006 (review of terrorism legislation) must—
25
(a)
carry out a review in accordance with this paragraph, and
(b)
send a report on the outcome of the review to the Secretary
of State.
      (2)
The review must consider—
(a)
whether before making the order declaring the reserve
30
power to be available the Secretary of State received a
report complying with the requirements of paragraph 39,
and
(b)
what information was before the Secretary of State as to the
matters mentioned in the statement laid before Parliament
35
under paragraph 41,

and the report must state whether in the opinion of the person
carrying out the review the decision of the Secretary of State to
make the order was, in all the circumstances, reasonable.
      (3)
The review must consider the case of every person who was
40
detained in pursuance of a warrant of further detention in which
the specified period was extended beyond the period that could be
authorised on an application under paragraph 36.
      (4)
The report must state with respect to each case whether in the
opinion of the person carrying out the review—
45

Counter-Terrorism Bill
Schedule 2 — Amendments relating to period of pre-charge detention
Part 2 — Consequential amendments
70

(a)
the procedures applicable to an application under
paragraph 42 were properly followed, and
(b)
the requirements of—
(i)
Parts 1 and 2 of this Schedule (treatment of
detained persons and review of detention), and
5
(ii)
any applicable code of practice under section 66 of
the Police and Criminal Evidence Act 1984 or
Article 65 of the Police and Criminal Evidence
(Northern Ireland) Order 1989,

were complied with.
10
      (5)
The Secretary of State may pay the expenses of a person who
conducts a review under this paragraph and also such allowances
as the Secretary of State determines.
      (6)
The report under this paragraph relating to any period during
which the reserve power was available must be sent to the
15
Secretary of State not later than six months after the power ceased
to be available.
      (7)
On receiving a report under this paragraph, the Secretary of State
must lay a copy of it before Parliament.”.
Part 2
20
Consequential amendments
Prosecution of Offences Act 1985
2     (1)
Section 1(6) and (7) of the Prosecution of Offences Act 1985 (c. 23) have effect
in relation to the making of an application under paragraph 42 of Schedule
8 to the Terrorism Act 2000 (c. 11) (a “paragraph 42 application”) subject to
25
the following provisions.
      (2)
Section 1(6) (Crown Prosecutor to have powers of Director as to the
institution and conduct of proceedings) does not authorise the making of a
paragraph 42 application by a Crown Prosecutor without the consent of the
Director.
30
      (3)
Section 1(7) (power of Crown Prosecutor to give consent etc in place of
Director) applies only to a Crown Prosecutor authorised by the Director in
person to give consent for the purposes of paragraph 42 applications.
Terrorism Act 2000
3
In section 41(6), (7) and (8) of the Terrorism Act 2000 for “or 36” substitute “,
35
36 or 42”.
4
In section 123 of that Act (orders and regulations), after subsection (9)
insert—
“(10)
Subsections (2) to (7) do not apply to an order under paragraph 40 of
Schedule 8.”.
40
5
In paragraph 29(3) of Schedule 8 to that Act for “paragraph 36” substitute
“paragraphs 36 and 42”.

Counter-Terrorism Bill
Schedule 2 — Amendments relating to period of pre-charge detention
Part 2 — Consequential amendments
71

6
For paragraph 36 of that Schedule (extension of warrants) substitute—
“Extension of specified period
36    (1)
Each of the following—
(a)
in England and Wales, a Crown Prosecutor,
(b)
in Scotland, the Lord Advocate or a procurator fiscal,
5
(c)
in Northern Ireland, the Director of Public Prosecutions for
Northern Ireland,
(d)
in any part of the United Kingdom, a police officer of at
least the rank of superintendent,

may apply under this paragraph for the extension of the period
10
specified in a warrant of further detention.
      (2)
An application under this paragraph may be made to a judicial
authority if—
(a)
the grant of the application (otherwise than in accordance
with sub-paragraph (4)(b)) would extend that period to a
15
time that is no more than 14 days after the relevant time,
and
(b)
no application has previously been made to a senior judge
in respect of that period.

In any other case an application under this paragraph must be
20
made to a senior judge.
      (3)
Subject to sub-paragraph (4), the period by which the specified
period is extended on an application under this paragraph shall be
the period—
(a)
beginning with—
25
(i)
in the case of a warrant specifying a period that has
not previously been extended, the end of the period
specified in the warrant, and
(ii)
in any other case, the end of the period for which
the period specified in the warrant was last
30
extended; and
(b)
ending with the earlier of—
(i)
the end of the period of 7 days beginning with that
time, or
(ii)
the end of the period of 28 days beginning with the
35
relevant time.
      (4)
A judicial authority or senior judge may extend the period
specified in a warrant by a shorter period than is required by sub-
paragraph (3) if—
(a)
the application for the extension is an application for an
40
extension by a period that is shorter than is so required, or
(b)
the judicial authority or senior judge is satisfied that there
are circumstances that would make it inappropriate for the
period of the extension to be as long as the period so
required.
45
      (5)
Where the specified period is extended, the warrant must be
endorsed with a note stating the new specified period.

Counter-Terrorism Bill
Schedule 2 — Amendments relating to period of pre-charge detention
Part 2 — Consequential amendments
72

Extension of specified period: supplementary provisions
36A   (1)
Paragraphs 30(3) and 31 to 34 apply to an application under
paragraph 36 as they apply to an application for a warrant of
further detention.
      (2)
In relation to an application made to a senior judge they apply—
5
(a)
as if references to a judicial authority were to a senior
judge, and
(b)
as if references to the judicial authority in question were to
the senior judge in question.
      (3)
A judicial authority or senior judge may adjourn the hearing of an
10
application under paragraph 36 only if the hearing is adjourned to
a date before the end of the period specified in the warrant.

This does not apply to an adjournment under paragraph 33(2).
      (4)
In paragraph 36 “the relevant time”, in relation to a person,
means—
15
(a)
the time of that person’s arrest under section 41, or
(b)
if that person was being detained under Schedule 7 at the
time of that person’s arrest under section 41, the time when
that person’s examination under that Schedule began.
      (5)
In this Part of this Schedule “senior judge” means—
20
(a)
in England and Wales—
(i)
a judge of the High Court, or
(ii)
a circuit judge designated for the purposes of
paragraph 36 by the Lord Chief Justice of England
and Wales;
25
(b)
in Scotland—
(i)
a judge of the High Court of Justiciary, or
(ii)
the sheriff;
(c)
in Northern Ireland—
(i)
a judge of the High Court, or
30
(ii)
a county court judge designated for the purposes of
paragraph 36 by the Lord Chief Justice of Northern
Ireland.
      (6)
The Lord Chief Justice may nominate a judicial office holder (as
defined in section 109(4) of the Constitutional Reform Act 2005) to
35
exercise the functions conferred on the Lord Chief Justice by sub-
paragraph (5)(a).
      (7)
The Lord Chief Justice of Northern Ireland may nominate any of
the following to exercise the functions conferred on the Lord Chief
Justice by sub-paragraph (5)(c)—
40
(a)
the holder of one of the offices listed in Schedule 1 to the
Justice (Northern Ireland) Act 2002;
(b)
a Lord Justice of Appeal (as defined in section 88 of that
Act).”.

Counter-Terrorism Bill
Schedule 3 — Offences where terrorist connection to be considered
73

Terrorism Act 2006
7     (1)
Section 25 of the Terrorism Act 2006 (c. 11) (expiry or renewal of extended
maximum detention period) is amended as follows.
      (2)
In the heading for “extended” substitute “28 day”.
      (3)
In subsection (3)(b) for “paragraph 37” substitute “paragraphs 36A and 37”.
5
      (4)
For subsection (4) substitute—
“(4)
The further consequential modifications are—
(a)
the substitution for paragraph 36(2) of—
    “(2)
The person to whom an application under this paragraph
may be made is a judicial authority.”;
10
(b)
the omission of the words “or senior judge” wherever
occurring in paragraphs 36(4), 36A(3) and 37(2); and
(c)
the omission of paragraph 36A(2) and (5) to (7).”.
Schedule 3
Sections 30, 31, 32, 34 and 41

Offences where terrorist connection to be considered
15
Common law offences

Murder.

Manslaughter.

Culpable homicide.

Kidnapping.
20

Abduction.
Statutory offences

An offence under any of the following sections of the Offences against the
Person Act 1861 (c. 100)—
(a)
section 4 (soliciting murder),
25
(b)
section 23 (maliciously administering poison etc so as to endanger
life or inflict grievous bodily harm),
(c)
section 28 (causing bodily injury by explosives),
(d)
section 29 (using explosives etc with intent to do grievous bodily
harm),
30
(e)
section 30 (placing explosives with intent to do bodily injury),
(f)
section 64 (making or having gunpowder etc with intent to commit
or enable any person to commit any felony mentioned in the Act).

An offence under any of the following sections of the Explosive Substances
Act 1883 (c. 3)—
35
(a)
section 2 (causing explosion likely to endanger life or property),
(b)
section 3 (attempt to cause explosion or making or keeping explosive
with intent to endanger life or property),