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| | Counter-Terrorism Bill, As Amended
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| | new clauses, Amendments to clauses, New Schedules and Amendments to |
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| | Schedules Relating to part 1, Clauses 24 to 27 and Parts 4, 5, 7 and 8 |
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| | To move the following Clause:— |
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| | | ‘(1) | This section applies to any interview of a person by a constable under section 24, |
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| | | 25 or 26 (post-charge questioning). |
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| | | (2) | Except as provided by order of the Secretary of State— |
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| | | (a) | any such interview must be video recorded, and |
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| | | (b) | the video recording must be with sound. |
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| | | (3) | The Secretary of State must issue a code of practice about the video recording of |
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| | | interviews to which this section applies. |
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| | | (4) | The interview and video recording must be conducted in accordance with that |
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| | | (5) | An order or code of practice under this section— |
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| | | (a) | may make provision in relation to a particular part of the United |
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| | | (b) | may make different provision for different parts of the United Kingdom. |
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| | | (6) | Any order under this section is subject to affirmative resolution procedure.’. |
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| | | Issue and revision of code of practice |
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| | To move the following Clause:— |
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| | | ‘(1) | This section applies to the code of practice under section [Recording of |
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| | | interviews] (recording of interviews). |
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| | | (2) | The Secretary of State must— |
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| | | (a) | publish a draft of the proposed code, and |
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| | | (b) | consider any representations made about the draft, |
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| | | | and may modify the draft in the light of the representations made. |
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| | | (3) | The Secretary of State must lay a draft of the code before Parliament. |
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| | | (4) | After laying the draft code before Parliament the Secretary of State may bring it |
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| | | (5) | The order is subject to affirmative resolution procedure. |
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| | | (6) | The Secretary of State may revise a code and issue the revised code, and |
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| | | subsections (2) to (5) apply to a revised code as they apply to an original code. |
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| | | (7) | Failure to observe a provision of a code does not of itself render a constable liable |
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| | | to criminal or civil proceedings. |
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| | | (a) | is admissible in evidence in criminal and civil proceedings, and |
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| | | (b) | shall be taken into account by a court or tribunal in any case in which it |
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| | | appears to the court or tribunal to be relevant.’ |
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| | | Post-charge questioning: safeguards |
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| | To move the following Clause:— |
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| | | ‘(1) | Reference in this section to “post-charge questioning” relate only to post-charge |
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| | | questioning for a terrorism offence, in accordance with section 27— |
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| | | (a) | in England and Wales, in accordance with section 24; |
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| | | (b) | in Scotland, in accordance with section 25; and |
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| | | (c) | in Northern Ireland, in accordance with section 26. |
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| | | (2) | Post-charge questioning must be judicially authorised in advance. |
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| | | (3) | Post-charge questioning shall be confined to questioning about new evidence |
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| | | which has come to light since the accused person was charged and which could |
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| | | not reasonable have come to light before. |
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| | | (4) | The total period of post-charge questioning shall last for no more than five days |
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| | | (5) | Post-charge questioning may only take place in the presence of the defendant’s |
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| | | (6) | Post-charge questioning shall always be video-recorded. |
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| | | (7) | The judge who authorised post-charge questioning shall review the transcript of |
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| | | the questioning after it has taken place, to ensure that it remained within the scope |
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| | | of questioning under subsection (3) and was completed within the time allowed |
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| | | (8) | Post-charge questioning for a terrorism offence shall never be permissible after |
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| | | the beginning of the defendant’s trial for that offence.’. |
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| | | Control orders: pre-conditions |
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| | | Negatived on division NC5 |
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| | To move the following Clause:— |
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| | | ‘After sub-paragraph (b) in section 2(1) of the Prevention of Terrorism Act 2005 |
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| | | “; and (c) unless section 3(1)(b) below applies, the DPP has certified that |
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| | | there is no reasonable prospect of successfully prosecuting the subject of |
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| | | the order for a terrorism-related offence.”’. |
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| | | Control orders: ongoing review of possibility of prosecution |
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| | To move the following Clause:— |
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| | | ‘After subsection (6) of section 8 of the Prevention of Terrorism Act 2005 there |
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| | | “(6A) | The Secretary of State shall, throughout the period during which the |
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| | | control order has effect— |
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| | | (a) | ensure that the question of whether there is a reasonable prospect |
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| | | of successfully prosecuting the subject of the order for a |
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| | | terrorism-related offence is kept under review at least every three |
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| | | (b) | consult the police prior to such review; and |
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| | | (c) | share with the police such information as is available to him |
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| | | which is relevant to the prospects of a successful prosecution.”’. |
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| | | Control orders: reasons for decisions on prospects of prosecution |
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| | To move the following Clause:— |
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| | | ‘After subsection (2) of section 8 of the Prevention of Terrorism Act 2005 there |
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| | | “(2A) | If the chief officer advises the Secretary of State that there is no realistic |
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| | | prospect of prosecution, he shall give reasons for his view. |
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| | | (2B) | The chief officer’s reasons shall be disclosed to the controlled person to |
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| | | the extent that such disclosure would not be contrary to the public |
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| | | Control orders: cumulative effect of restrictions relevant to determination about |
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| | To move the following Clause:— |
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| | | ‘After subsection (10) of section 3 of the Prevention of Terrorism Act 2005 there |
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| | | “(10A) | In determining whether the effect of a non-derogating control order is to |
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| | | deprive a person of their liberty, the factors to which the court shall have |
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| | | (a) | the nature, duration, effects and manner of implementation of the |
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| | | (b) | the cumulative effect of the obligations. |
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| | | (10B) | The combination of obligations may amount to a deprivation of liberty |
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| | | even if no individual obligation amounts to such a deprivation.”’. |
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| | | Control orders: maximum limit on daily curfews |
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| | To move the following Clause:— |
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| | | ‘After subsection (5) of section 1 of the Prevention of Terrorism Act 2005 there |
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| | | “(5A) | The duration of any prohibition or restriction on the controlled person’s |
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| | | movements shall not exceed 12 hours in any 24 hour period.”’. |
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| | | Control orders: right to a fair hearing |
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| | To move the following Clause:— |
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| | | ‘(1) | At the end of subsection (13) of section 3 of the Prevention of Terrorism Act 2005 |
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| | | | “except where to do so would be incompatible with the right of the |
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| | | controlled person to a fair hearing”. |
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| | | (2) | At the end of paragraph 4(2)(a) of the Schedule to the Prevention of Terrorism |
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| | | Act 2005 there is inserted— |
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| | | | “except where to do so would be incompatible with the right of the |
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| | | controlled person to a fair hearing”. |
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| | | (3) | At the end of paragraph 4(3)(d) of the Schedule to the Prevention of Terrorism |
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| | | Act 2005 there is inserted— |
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