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Consideration of Bill: 11th June 2008                  

2647

 

Counter-Terrorism Bill, continued

 
 

Secretary Jacqui Smith

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

Ann Clwyd

 

Mr David Winnick

 

Total signatories: 29

 

Alan Simpson

 

Jeremy Corbyn

 

Mrs Linda Riordan

 

Ms Diane Abbott

 

Kelvin Hopkins

 

Ms Katy Clark

 

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

 

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.


 
 

Consideration of Bill: 11th June 2008                  

2648

 

Counter-Terrorism Bill, continued

 
 

      (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

 

(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.


 
 

Consideration of Bill: 11th June 2008                  

2649

 

Counter-Terrorism Bill, continued

 
 

      (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—

 

(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,


 
 

Consideration of Bill: 11th June 2008                  

2650

 

Counter-Terrorism Bill, continued

 
 

(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.

 

      (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.


 
 

Consideration of Bill: 11th June 2008                  

2651

 

Counter-Terrorism Bill, continued

 
 

      (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.

 

      (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.


 
 

Consideration of Bill: 11th June 2008                  

2652

 

Counter-Terrorism Bill, continued

 
 

            

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).

 

      (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


 
 

Consideration of Bill: 11th June 2008                  

2653

 

Counter-Terrorism Bill, continued

 
 

(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: 30

 

Alan Simpson

 

Jeremy Corbyn

 

Mrs Linda Riordan

 

Ms Diane Abbott

 

Kelvin Hopkins

 

Ms Katy Clark

 

5

 

Page  64,  line  15,  leave out Schedule 2.

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

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.’.

 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

99

 

Page  64,  line  26  [Schedule  2],  leave out paragraph 39.

 


 

Mr Andrew Dismore

 

Dr Evan Harris

 

John Austin

 

100

 

Page  65,  line  29  [Schedule  2],  at end insert ‘if the following conditions are

 

satisfied—

 

(a)    

there is an emergency;

 

(b)    

making the derogating power available is strictly required by the

 

emergency; and

 

(c)    

the availability of the derogating power is consistent with the UK’s other

 

international obligations.’.

 



 
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