House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Consideration of Bill: 10th June 2008
2615

Counter-Terrorism Bill, continued

required to bring charges and any changes to the relevant law of

evidence or procedure since this Act came into force.”’.

Habeas Corpus (No. 2)

Mr William Cash

NC39


To move the following Clause:—

‘(1)
Nothing in this Act shall prevent or restrict a person who is detained under this

Act or a person duly authorised on behalf of that person from making an

application to a Justice of the High Court for habeas corpus.

(2)
It shall be a condition of the detention that the person detained shall be produced

forthwith to a Justice of the High Court or to a senior immigration judge

authorised to sit as a member of the Special Immigration Appeal Commission

who shall enquire as to—

(a)
the circumstances of the detention;

(b)
the enquiries that are being made;

(c)
the likelihood of the detained person being charged within 42 days of any

offence of terrorism or related serious indictable offence.

(3)
If the Justice of the High Court or senior immigration judge is not satisfied as to

the likelihood of the person detained being charged within 42 days that person

shall be released forthwith from detention subject to any conditions the judge may

impose.’.

Secretary Jacqui Smith

Mr Andrew Dismore

Dr Evan Harris

John Austin

Ann Clwyd

Mr David Winnick

Total signatories: 23

4

Page  16,  line  17,  leave out Clause 22.

Secretary Jacqui Smith

NS1

To move the following Schedule:—

‘Amendments relating to period of pre-charge detention

Part 1

Reserve power to extend maximum period of detention

Consideration of Bill: 10th June 2008
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Counter-Terrorism Bill, continued

1
After Part 3 of Schedule 8 to the Terrorism Act 2000 (c. 11) (extension of

detention under section 41) insert—

“Part 4

Reserve power to extend detention under section 41

Introductory

38
The power conferred by this Part of this Schedule is exercisable

only when an order under section [Power to declare reserve power

exercisable] of the Counter-Terrorism Act 2008 is in force.

Application to court to authorise further detention

39  (1)
Each of the following—

(a)
in England and Wales, the Director of Public Prosecutions

or a Crown Prosecutor acting with the consent of the

Director,

(b)
in Scotland, the Lord Advocate or a procurator fiscal,

(c)
in Northern Ireland, the Director of Public Prosecutions for

Northern Ireland,


may apply for the extension of the period specified in the warrant

of further detention under which a person is detained, beyond the

period of 28 days beginning with the relevant time.

      (2)
An application under this paragraph must be made to a senior judge.

      (3)
Subject to sub-paragraph (4), the period by which the specified

period is further extended on an application under this section shall

be the period—

(a)
beginning with the end of the period for which the period

specified in the warrant was last extended, and

(b)
ending with whichever is the earlier of—

(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.

      (4)
A senior judge may further 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

extension by a period that is shorter than is so required, or

(b)
the 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.

      (5)
Where the specified period is extended under this paragraph—

(a)
the warrant must be endorsed with a note stating the new

specified period, and

(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

Consideration of Bill: 10th June 2008
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Counter-Terrorism Bill, continued

(ii)
to provide the Secretary of State, as soon as

practicable, with the information required by

paragraph 41(3) and (4) (information to be

contained in statement to Parliament).

Application to court: supplementary provisions

40  (1)
Paragraphs 30(3) and 31 to 34 apply to an application under

paragraph 39 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,

(b)
as if references to the judicial authority in question were to

the senior judge in question, and

(c)
as if the reference in paragraph 32(2) to relevant evidence

were to evidence relating to the commission by the

detained person or persons of a serious terrorist offence.

      (2)
In sub-paragraph (1)(c) “serious terrorist offence” means—

(a)
an offence under the Terrorism Act 2000 (c. 11) or the

Terrorism Act 2006 (c. 11), or

(b)
an offence that has a terrorist connection (within the

meaning of the Counter-Terrorism Act 2008: see section 87

of that Act),


in respect of which an offender who has attained the age of 21 (in

England and Wales, 18) is liable on conviction to a sentence of

imprisonment for life.

      (3)
Until the coming into force of section 61 of the Criminal Justice and

Court Services Act 2000 (c. 43) (abolition of sentences of custody

for life etc), sub-paragraph (2) has effect with the omission of the

words “(in England and Wales, 18)”.

      (4)
A senior judge may adjourn the hearing of an application under

paragraph 39 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).

      (5)
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

that person’s examination under that Schedule began.

      (6)
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 this

Part of this Schedule by the Lord Chief Justice of

England and Wales;

(b)
in Scotland—

(i)
a judge of the High Court of Justiciary, or

(ii)
the sheriff;

(c)
in Northern Ireland—

Consideration of Bill: 10th June 2008
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Counter-Terrorism Bill, continued

(i)
a judge of the High Court, or

(ii)
a county court judge designated for the purposes of

this Part of this Schedule by the Lord Chief Justice

of Northern Ireland.

      (7)
The Lord Chief Justice may nominate a judicial office holder (as

defined in section 109(4) of the Constitutional Reform Act 2005) to

exercise his functions under sub-paragraph (6)(a).

      (8)
The Lord Chief Justice of Northern Ireland may nominate any of

the following to exercise his functions under sub-paragraph

(6)(c)—

(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

41  (1)
If on an application under paragraph 39 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

soon as reasonably practicable after the period has been extended.

      (3)
The statement must specify—

(a)
the date on which the period was further extended,

(b)
the period by which the period was further extended, and

(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.

      (4)
The statement must also give details of—

(a)
the court that heard the application under paragraph 39 in

relation to the detained person; and

(b)
the place where the person is being detained.

      (5)
The statement must not include—

(a)
any details of the person detained, or

(b)
any material that might prejudice the prosecution of any

person.”.

Part 2

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 Part 4 of Schedule 8 to

the Terrorism Act 2000 (c. 11) (a “Part 4 application”) subject to the following

provisions.

Consideration of Bill: 10th June 2008
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      (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 Part 4

application by a Crown Prosecutor without the consent of the Director.

      (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 Part 4 applications.

Terrorism Act 2000

3
In section 41(6), (7) and (8) of the Terrorism Act 2000 (c. 11) for “or 36”

substitute “, 36 or 39”.

4
In paragraph 29(3) of Schedule 8 to that Act for “paragraph 36” substitute

“paragraphs 36 and 39”.

5
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,

(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

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

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 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—

(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

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

relevant time.

Consideration of Bill: 10th June 2008
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Counter-Terrorism Bill, continued

      (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

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.

      (5)
Where the specified period is extended, the warrant must be

endorsed with a note stating the new specified period.

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—

(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

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—

(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—

(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;

(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

(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

exercise his functions under sub-paragraph (5)(a).

Consideration of Bill: 10th June 2008
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Counter-Terrorism Bill, continued

      (7)
The Lord Chief Justice of Northern Ireland may nominate any of

the following to exercise his functions under sub-paragraph

(5)(c)—

(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).”.

Terrorism Act 2006

6    (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”.

      (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.”;

(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).”.’.

Secretary Jacqui Smith

Mr Andrew Dismore

Dr Evan Harris

John Austin

Ann Clwyd

Mr David Winnick

Total signatories: 24

5

Page  64,  line  15,  leave out Schedule 2.

Mr Andrew Dismore

Dr Evan Harris

John Austin

Mr Virendra Sharma

98

Page  64,  line  25  [Schedule  2],  at end insert—

‘(2)
“emergency” means a public emergency in respect of which there is a designated

derogation from the whole or a part of Article 5 of the Human Rights

Convention.’.