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| | (b) | that the investigation for the purposes of which the further questioning is |
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| | proposed is being conducted diligently and expeditiously.’ |
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| Page 31, line 18 [Clause 44], leave out from beginning to end of line 22 and |
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| |
| | ‘(i) | imprisonment for life, |
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| | (ii) | imprisonment for a term of 12 months or more, |
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| | (iii) | imprisonment for public protection under section 225 of the |
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| | Criminal Justice Act 2003;’. |
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| Page 31, line 38 [Clause 44], at end insert— |
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| | ‘( ) | In relation to a sentence passed at any time before the coming into force of section |
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| | 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of |
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| | detention in a young offender institution, custody for life etc), subsection (1)(a) |
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| | above has effect with the following modifications— |
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| | (a) | in sub-paragraph (i), after “imprisonment” insert “(or custody)”; |
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| | (b) | in sub-paragraph (ii), after “imprisonment” insert “(or detention in a |
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| | young offender institution)”; |
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| | (c) | in sub-paragraph (iii), after “imprisonment” insert “(or detention)”.’ |
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| Page 31, line 41 [Clause 44], at end insert— |
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| | ‘( ) | imprisonment for life, |
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| | ( ) | an order for lifelong restriction under section 210F of the |
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| | Criminal Procedure (Scotland) Act 1995, |
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| | ( ) | detention without limit of time under section 205(2) of that Act |
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| | (punishment for murder for offenders under 18), |
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| | ( ) | detention in a young offenders institution under section 205(3) of |
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| | that Act (punishment for murder for offenders aged 18 to 21),’. |
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| Page 32, line 16 [Clause 44], leave out from beginning to end of line 18 and |
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| |
| | ‘( ) | imprisonment for life, |
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| | ( ) | imprisonment (or detention in a young offenders centre) for a |
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| | term of 12 months or more, |
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| | ( ) | an indeterminate custodial sentence under Article 13(3) and (4) |
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| | of the Criminal Justice (Northern Ireland) Order 2008,’. |
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| Page 36, line 28 [Clause 52], leave out ‘indefinite period’ and insert ‘10 years’. |
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| Page 36, line 28 [Clause 52], leave out ‘an indefinite period’ and insert ‘five |
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| Page 36, line 32 [Clause 52], leave out from beginning to end of line 36 and |
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| |
| | ‘(i) | imprisonment for life, |
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| | (ii) | imprisonment for a term of 5 years or more, |
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| | (iii) | imprisonment for public protection under section 225 of the |
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| | Criminal Justice Act 2003;’. |
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| Page 36, line 34 [Clause 52], leave out ‘5’ and insert ‘10’. |
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| Page 37, line 2 [Clause 52], leave out from beginning to end of line 5 and insert— |
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| | ( ) | an order for lifelong restriction under section 210F of the |
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| | Criminal Procedure (Scotland) Act 1995, |
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| | ( ) | detention without limit of time under section 205(2) of that Act |
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| | (punishment for murder for offenders under 18), |
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| | ( ) | detention in a young offenders institution under section 205(3) of |
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| | that Act (punishment for murder for offenders aged 18 to 21), |
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| | ( ) | imprisonment for a term of 5 years or more,’. |
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| Page 37, line 20 [Clause 52], at end insert— |
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| | ‘( ) | an indeterminate custodial sentence under Article 13(3) and (4) |
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| | of the Criminal Justice (Northern Ireland) Order 2008,’. |
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| |
| | |
| Page 37, line 20 [Clause 52], at end insert— |
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| | ‘( ) | In relation to a sentence passed at any time before the coming into force of section |
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| | 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of |
|
| | detention in a young offender institution, custody for life etc), subsection (1)(a) |
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| | above has effect with the following modifications— |
|
| | (a) | in sub-paragraph (i), after “imprisonment” insert “(or custody)”; |
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| | (b) | in sub-paragraph (ii), after “imprisonment” insert “(or detention in a |
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| | young offender institution)”; |
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| | (c) | in sub-paragraph (iii), after “imprisonment” insert “(or detention)”.’ |
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| Page 37, line 20 [Clause 52], at end insert— |
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| | ‘(1A) | Notification requirements in relation to offences under subsection (1) may be |
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| | renewed on one or more occasions if it is considered necessary for purposes |
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| | connected with protecting members of the public from a risk of terrorism;’. |
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| Page 37, line 21 [Clause 52], leave out ‘10’ and insert ‘5’. |
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| Page 37, line 22 [Clause 52], at end insert— |
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| | ‘(2A) | Notification requirements in relation to offences that are specified in subsections |
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| | (1) and (2) may be renewed on one occasion if it is considered necessary for the |
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| | purpose of protecting members of the public from the risks of terrorism for the |
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| | notification requirements to continue in force. |
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| | (2B) | A person to whom the notification requirements apply may after a period of 5 |
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| | years from the making of the notification requirements apply to the court for the |
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| | notification requirements to be terminated or varied and the court may if it is sure |
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| | that the notification requirements are no longer necessary for the purpose of |
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| | protecting members of the public from the risk of terrorism terminate or vary the |
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| | notification requirements.’. |
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| Page 37, line 22 [Clause 52], at end insert— |
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| | ‘(2A) | Notification requirements in relation to offences under subsection (2) may be |
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| | renewed on one occasion if it is considered necessary for purposes connected |
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| | with protecting members of the public from a risk of terrorism;’. |
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| Page 40, line 10, leave out Clause 57. |
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| Page 40, line 40 [Clause 57], leave out from ‘to’ to end and insert ‘affirmative |
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| Page 41, line 10 [Clause 58], at end insert— |
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| | ‘(c) | the need to ensure that the manner in which the proceedings are |
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| | conducted are fair to every party to the proceedings.’. |
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| Page 41, line 13 [Clause 58], leave out paragraph (b). |
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| Page 41, line 20 [Clause 58], leave out paragraph (b). |
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| Page 41, line 27 [Clause 58], at end insert ‘but do include any person or body who |
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| claims or may reasonably be expected to claim to be the owner of or to have an interest in |
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| any money or other property which may be affected by any asset freezing decision or by |
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| |
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| any decision made in the asset freezing proceedings.’. |
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| Page 42, line 3 [Clause 59], after ‘that’, insert ‘, provided that the person appointed |
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| as the special advocate is present,’. |
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| Page 42, line 7 [Clause 59], after ‘interest’, insert ‘and that the withholding of the |
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| material would not cause injustice to a party to the proceedings’. |
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| Page 42, line 9 [Clause 59], leave out ‘consider requiring’ and insert ‘require’. |
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| Page 42, line 14 [Clause 59], at end insert ‘and is sufficient to ensure that the |
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| conduct of the proceedings will be fair to all parties to those proceedings.’. |
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| Page 42, line 14 [Clause 59], at end insert— |
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| | ‘(f) | that material which supports the cause of a party to the proceedings or |
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| | which adversely affects the Treasury’s case may not be withheld from a |
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| | party to the proceedings or from that party’s legal representative; |
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| | (g) | that material which supports the cause of a party to the proceedings or |
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| | which adversely affects the Treasury’s case is always disclosed to the |
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| | person appointed as the special advocate.’. |
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| Page 42, line 28 [Clause 59], at end insert— |
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| | ‘(5A) | Rules of court must ensure that any person or body who claims or may reasonably |
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| | be expected to claim to be the owner of or have an interest in any money or other |
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| | property which may be affected by the asset freezing decision or by any decision |
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| | made in the asset freezing proceedings is able to make representations in the |
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| | “asset freezing proceedings”. |
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| | (5B) | Rules of court must provide that any person or body who claims or may |
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| | reasonably be expected to claim to be the owner of or have any interest in any |
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| |
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| | money or other property which may be affected by any order made in the “asset |
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| | freezing proceedings” shall be able to apply to vary or discharge that order.’. |
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| Page 42, line 33 [Clause 59], at end insert ‘but do include any person or body who |
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| claims or may reasonably be expected to claim to be the owner of or to have an interest in |
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| any money or other property which may be affected by any asset freezing decision or by |
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| any decision made in the asset freezing proceedings.’. |
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| Page 42, line 40 [Clause 60], leave out ‘may’ and insert ‘shall’. |
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| Page 43, line 1 [Clause 60], leave out ‘not’. |
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| Page 50, line 33, leave out Clause 70. |
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| Page 51, line 18 [Clause 71], leave out from ‘about’ to ‘which’ in line 19 and insert |
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| ‘an individual who is or has been— |
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| | (i) | a member of Her Majesty’s forces, |
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| | (ii) | a member of any of the intelligence services, or |
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| | |
| | As an Amendment to Secretary Jacqui Smith’s proposed Amendment (No. 75):— |
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| Line 5, at end insert ‘or |
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| | (iv) | any other person holding office under the crown.’. |
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| Page 51, line 19 [Clause 71], leave out ‘is of a kind likely’ and insert ‘he intends’. |
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| Page 51, line 22 [Clause 71], leave out ‘information of that kind’ and insert ‘any |
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| Page 51, line 24 [Clause 71], after ‘prove’, insert ‘(a)’. |
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| Page 51, line 24 [Clause 71], after ‘action’, insert— |
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| | ‘(b) | that at the time of the alleged offence he did not know and had no reason |
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| | to know that the information was of a kind that was likely to be helpful |
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| | to a person committing or preparing an act of terrorism; |
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| | (c) | that at the time of the alleged offence he did not know and had no reason |
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| | to know that the disclosure of such information was likely to be helpful |
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| | to a person committing or preparing an act of terrorism; or |
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| | (d) | that at the time of the alleged offence disclosure of such information was |
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| | in the public interest.’. |
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| Page 51, line 34 [Clause 71], at end insert— |
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| | ‘( ) | In this section “the intelligence services” means the Security Service, the Secret |
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| | Intelligence Service and GCHQ (within the meaning of section 3 of the |
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| | Intelligence Services Act 1994).’ |
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| Page 54, line 8 [Clause 74], leave out subsection (2). |
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|